Burglary Flashcards
Uses (weapon)
R v Steele - “To use” may be limited to the offender revealing by words or conduct the actual presence of or immediate availability of the item so long as the accused have the weapon in their physical possession and readily available.
Without Authority - Retail Premises
Police v Barwell - A person who enters a retail premises whilst those premises are open to the public intending to commit a crime in the building does not do so without authority, in terms of s231, Crimes Act 1961.
Weapon
Police v Pitman - The word weapon carries the meaning of something used to inflict bodily injury, also any other item which the accused intended to use to inflict harm should the need arise. Bodily injury need not be limited to direct physical injury and can include bodily harm arising as a result of shock produced by the weapon.
Intent requirement
R v Waaka - A fleeting or passing thought is not sufficient. There must be a firm intent or a firm purpose to effect an act.
Knowingly Trespass
R v Collins - There cannot be a conviction for entering a premises as a trespasser unless the person entering does so knowing he is a trespasser and deliberately enters, or is reckless whether or not he is entering the premises of another without the other party’s consent.
Remains without Authority - Retail Premises
Police v Barwell - A person who enters a retail premises whilst those premises are open to the public and then forms the intention to commit a crime in the building does not remain without authority in terms of s231, Crimes Act 1961.
Has a weapon with him or her
R v Kelt - Having a firearm “with him” requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him.
Intent defined
R v Mohan - Intent involves the decision to bring about, in so far as it lies within the accused’s power, the commission of an offence.
