Burglary

Question 1

What are the ingredients of burglary in section 231(1)(a) and (b)?

Answer 1

Section 231(1)(a) - Burglary (Enters)

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

Section 231(1)(b) - Burglary (Having entered)

-Having entered
-Any building
OR
-Any ship
-Remains without authority
-With the intent to commit an imprisonable offence in the building
OR
Ship

Question 2

Define the following terms:

• Enter
• Building or ship
• Without authority
• Intent to commit an imprisonable offence within the building or ship

Answer 2

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

-BUILDING OR SHIP
Any building or structure, temporary or permanent or any ship used for navigation, however propelled

-WITHOUT AUTHORITY
An absence of authority given by someone who us legally able to give that consent

-INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING OR SHIP
Intention to commit an imprisonable offence in the building or ship

Question 3

Recognise the circumstances that amount to burglary

Answer 3

Burglary is complete as soon as any part of the body of the person or any part of any instrument used by any person is within the property.
The person must not have authority, implied or otherwise from a person legally entitled to give consent such as the owner.
The person must also, upon entering the building or ship or part of any building or ship, have the intent to commit an imprisonable offence within the building or ship.

Question 4

Discuss the powers of arrest for this offence

Answer 4

There is a warrentless power of arrest for this offence under Section 315 of the Crimes Act 1961