burglary

Question 1

what is burglary?

Answer 1

s76 of the crimes act 1958 creates statutory offence of burglary
1) a person is guilty of buglary if they enters any building or part of a building as a trespasser with intent -
- a) to steal anything in the building or part in question; or
- b) to commit an offence - i) involving an assault to a person in the buidling or part in question; or ii) involving any damaage to the building or to property in the building or part in question -
which is punishable imprisonment for a term of five years or more

Question 2

elements of buglary

buglary

Answer 2

the prosecution must prove beyond reasonable doubt
physical elements:
- entry
- building or part of building
- trespasser

fault element:
- intention to steal or commit prescribed offence - offence punishable by five or more years imprisonment

common assault is punishable by maximum of imprisonment for 5 years - s320 crimes act 1958

Question 3

aggravated burglary

Answer 3

1) a person is guilty of aggravated burglary if he or she commits a burglary and -
- a) at the time has with him or her any fireman or imitation firearm, any offensive weapon or any explosive or imitation explosive; or
- b) at the time of entering the buidling or the part of the building a person was then present in the building or part of the building and ** he or she knew that a person was then so present or was reckless as to whether or not a person was then so present**

Question 3

aggravated burglary

Answer 3

• explosive: means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose;
• firearm: has the same meaning as in the firearms act 1996;
• imitation explosive: means any article which is might reasonably be taken to be or to contain an explosive;
• imitation firearm: means anything which has the appearance of being a firearm, whether capable of being discahrged or not;
• offensive weapon: means any article made or adapted for use for causing injury to or incapacitating a person, or which the person having it with him or her intends or threatens to use for such a purpose

Question 4

aggravated burglary

additional elements of aggravated burglary

Answer 4

prosecution must prove elements for burglary - beyond reasonable doubt and one of two alternative elements
physical element:
- that accused has with them at the time of offence firearm or imitation firearm, offensive weapon or explosive or imitation explosive; or
- at time accused entered building or part of building there was a person that person present in building or part of building and accused knew that person was so present or was reckless as to whether or not person was so present