Offences: Burglary

Question 1

What are the ELEMENTS for Burglary?

Crimes Act 1961 Section 231(1)(a)

Answer 1

1. Enters
2. Any building -OR- any ship -OR- Any part of a building -OR- any part of a ship
3. Without Authority
4. With intent to commit an imprisonable offence in the building -OR- ship

Question 2

Define ‘Enters’

Answer 2

Enters - Entry is complete as soon as any part of the body or any part of any instrument used by that person, is with the building or ship.

Question 3

Define ‘Any building’

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

Define ‘any ship’

Answer 4

Any vessel used in navigation, however propelled

Question 5

Define ‘without authority’

Answer 5

An absence of authority, either expressed or implied, from any person the defendant believes is legally able to give consent.