OF03 Burglary (having entered)

Question 1

What are the elements for burglary (having entered)

Answer 1

Having entered

Any building

OR

Any ship

Remains without authority

With intent to commit an imprisonable offence within the building

OR

ship

Question 2

Having entered; proven by

Answer 2

Is physically inside the building or ship.

Question 3

Any building; proven by

Answer 3

Any building or structure of any description,
whether permanent or temporary; and includes a
tent, caravan, or houseboat; and also includes any
enclosed yard or any closed cave or closed tunnel.

Question 4

Any ship; proven by

Answer 4

Any vessel used in navigation, however propelled.

Question 5

Remains without authority; proven by

Answer 5

Remains when consent to be within the building or

ship no longer applies.

Question 6

With intent to commit an
imprisonable offence in the
building

OR

ship

proven by;

Answer 6

There must be an intention to commit an

imprisonable offence in the building or ship.