Burglary

Question 1

What powers of arrest are given in relation to Burglary?

Answer 1

Section 315 of the Crimes Act 1961 (Arrest without warrant)

Question 2

Name the Section number and Act relating to Burglary

Answer 2

Section 231 of the Crimes Act 1961

Question 3

List the Elements of Burglary under Section 231(1)(a) of the Crimes Act 1961

Answer 3

-Enters
-Any building/any part of building
OR
Any Ship/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 4

Burglary, Section 231(1)(a) of the Crimes Act 1961:

Name and describe the First element.

Answer 4

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

Question 5

Burglary, Section 231(1)(a) of the Crimes Act 1961:

Name and describe the Second element.

Answer 5

Any building- 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.
OR
Any ship- Any vessel used in navigation, however propelled
(includes any part of)

Question 6

Burglary, Section 231(1)(a) of the Crimes Act 1961:

Name and describe the Third element.

Answer 6

Without authority-

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

Question 7

Burglary, Section 231(1)(a) of the Crimes Act 1961:

Name and describe the Fourth element.

Answer 7

With the intent to commit an imprisonable offence in the building OR ship-
There must be an intention to commit an imprisonable offence in the building OR ship.

Question 8

Burglary (Having entered) under Section 231(1)(b) of the Crimes Act 1961:
List the 4 elements of this offence and describe them.

Answer 8

#Having entered- Is physically inside the building or ship.
#Any building OR ship- 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 OR Any vessel used in navigation, however propelled.
#Remains without authority- Remains when consent to be within the building or ship no longer applies.
#With intent to commit an imprisonable offence in the building OR ship- There must be an intention to commit an imprisonable offence in the building OR ship

Question 9

What is aggravated burglary?

Answer 9

While committing burglary, has a weapon with him or her or uses anything as a weapon; or
Having committed burglary has a weapon with him or her, or uses anything as a weapon while still in the building or ship.

Question 10

Under what section is aggravated burglary and what is the maximum penalty?

Answer 10

Section 232 of the Crimes Act 1961. Term not exceeding 14 years

Question 11

What is “Artifice” and where does it apply in relation to burglary?

Answer 11

“Artifice” involves being “cunning, skilled, artful”; for example:
-Making up false Telco identification and then pretending you need to enter the house to check the telephones.
Although it seems like entry has been obtained by permission the nature of the act (threat or artifice) causes the authority, whether expressed or implied, to be negated. Therefore they enter “without authority”.