OF05: Burglary Law Flashcards

1
Q

What are the Elements of Burglary?

A
  • 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
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2
Q

What are the Elements of Burglary (Having Entered) ?

A
  • Having entered
  • Any building
    or
    Any ship
  • Remains without authority
  • With intent to commit an imprisonable offence in the building or in the ship
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3
Q

Explain “Enters”

A

As soon as offenders foot steps through an open doorway.

As soon as tip of screwdriver passes through window.

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4
Q

Explain “Having entered”

A

Physically inside a building. Already/remained inside.

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5
Q

Explain “Building”

A

Any structure

e.g. tent, house, caravan, closed cave/tunnel

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6
Q

Explain “Ship”

A

Any vessel used in navigation, however propelled

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7
Q

Explain “Part of building or ship”

A

Any part of a building or ship that does not allow the public to enter.

e.g. An office in PaknSave

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8
Q

Explain “Remains without authority”

A

Remaining in a building when consent no longer applies.

e.g Hiding in a shop and staying until closed.

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9
Q

Explain “Intent to commit an imprisonable offence”

A

Offence must be an imprisonable one.

e.g. Assault, theft

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10
Q

Explain “Artifice”

A

Cunning. Skilful. Artful. Sneaky.

e.g False ID, acting as a maintenance staff or offering a child sweets if they open the door

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