OF05: Burglary Law Flashcards
What are the Elements of Burglary?
- Enters
- Any building/part of building
or
Any ship/part of ship - Without authority
- With intent to commit an imprisonable offence in the building or in a ship
What are the Elements of Burglary (Having Entered) ?
- Having entered
- Any building
or
Any ship - Remains without authority
- With intent to commit an imprisonable offence in the building or in the ship
Explain “Enters”
As soon as offenders foot steps through an open doorway.
As soon as tip of screwdriver passes through window.
Explain “Having entered”
Physically inside a building. Already/remained inside.
Explain “Building”
Any structure
e.g. tent, house, caravan, closed cave/tunnel
Explain “Ship”
Any vessel used in navigation, however propelled
Explain “Part of building or ship”
Any part of a building or ship that does not allow the public to enter.
e.g. An office in PaknSave
Explain “Remains without authority”
Remaining in a building when consent no longer applies.
e.g Hiding in a shop and staying until closed.
Explain “Intent to commit an imprisonable offence”
Offence must be an imprisonable one.
e.g. Assault, theft
Explain “Artifice”
Cunning. Skilful. Artful. Sneaky.
e.g False ID, acting as a maintenance staff or offering a child sweets if they open the door