OF03 Burglary

Question 1

What are the elements of burglary?

Answer 1

-Enters
-Any Building
OR
Any Ship
OR
Any part of a building
OR
Any part of a ship
-Without authority
-With intent to commit an imprisonable offence in the building
OR
With intent to commit an imprisonable offence in a ship

Question 2

What does ‘Enter’ mean?

Answer 2

Entry is complete as soon as any body part of the person or any instrument used by the person is within the building or ship.

Question 3

What does ‘Having Entered’ mean?

Answer 3

Legally and legitimately enters the building/ship and then decides to commit an imprisonable offence in the building/ship

Question 4

What does ‘Building’ mean?

Answer 4

Is a building or structure, whether permanent or temporary.

Question 5

What does ‘ship’ mean?

Answer 5

Any vessel used in navigation.

Question 6

What does ‘part of a building or ship’ mean?

Answer 6

Any part of a building, structure, or ship.

Question 7

What does ‘without authority’ mean?

Answer 7

Where the person is not authorised to enter, whether expressed or implied.

Question 8

What does ‘intent to commit and imprisonable offence within the building or ship’ mean?

Answer 8

Must prove their intent to commit an imprisonable offence.

Question 9

What does ‘artifice’ mean?

Answer 9

Involves using fake authority, or cunning tactics to make entry.

Question 10

What Act and Section is Burglary?

Answer 10

Crimes Act 1961 Section 231(1)

Question 11

What is the max penalty for Burglary?

Answer 11

10 years imprisonment