Burglary

Question 1

What must be proved (enters)?

Answer 1

 the accused entered a building or ship, and

 he did so without authority, and

 at the time of the entry he had an intention to commit an
imprisonable offence within the building or ship.

Question 2

What must be proved? (having entered)

Answer 2

the accused entered a building or ship, and

 remained in the building or ship without authority, and

 at the time of remaining in the building or ship they had an intention to commit an imprisonable offence within the building
or ship.

Question 3

What must be proved? (Agg Burglary, While Committing)

Answer 3

 the accused was in the process of committing a burglary, and

 has a weapon with them, or

 uses anything as a weapon.

Question 4

Define “Uses” (Uses Anything As A Weapon)

Answer 4

The word “uses” would take on its normal dictionary meaning of “to put into
service or action”.

In this form the word “uses” would relate to items not necessarily regarded as
weapons. If the item being used was a weapon, ie firearm or knife, then the
easier offence to prove would come under the “has with him” part of this
legislation.

Question 5

What must be proved? (Aggravated Burglary, Having Committed)

Answer 5

 the accused had committed a burglary, and

 had a weapon with him , or

 used anything as a weapon, and

 was still in the building or ship at the time of having or using the weapon

Question 6

Define While Still In

Answer 6

The prosecution must prove that the accused had committed a burglary and
was still present in the building or ship.

For example, if a person broke into a shop and began stealing items from
inside they would be guilty of burglary under section 231(1)(a). If, while they
were doing this, they threatened anyone in the shop with a weapon they
would be liable for a charge under section 232(1)(b) as the burglary was
complete as soon as they gained entry and they were still in the building
while using the weapon.

Question 7

What must be proved? (Armed with a weapon, Burglary)

Answer 7

In cases of Aggravated Burglary under section 232(2) the prosecution must
prove beyond reasonable doubt that:

 the accused was armed with a weapon, and

 they intended at the time to commit a burglary.