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Flashcards in Burglary Deck (37):
1

Burglary (enters)
Section
Act
Penalty
Ingredients

Section: 231(1)(a)
Act: Crimes Act 1961
Penalty: 10 years

Ingredients
1. Enters
2. Any building OR Ship
3. without authority
4. With intent to commit an imprisonable offence in the building OR Ship

2

Burglary (having entered)
Section
Act
Penalty
Ingredients

Section: 231(1)(b)
Act: Crimes Act 1961
Penalty: 10 years

Ingredients
1. having entered
2. Any building OR Ship
3. Remains in it without authority
4. With intent to commit an imprisonable offence in the building OR Ship

3

Aggravated Burglary (while committing)
Section
Act
Penalty
Ingredients

Section: 232(1)(a)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients
1. While committing burglary
2. has a weapon with him/her OR uses anything as a weapon

4

Aggravated Burglary (having committed)
Section
Act
Penalty
Ingredients

Section: 231(1)(b)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients
1. Having committed burglary
2. has a weapon with him/her OR uses anything as a weapon
3. while still in the building OR ship

5

ingredients - definitions and caselaw
Enters

1. Entry

6

ingredients - definitions and caselaw
Any building OR ship

1. building
2. Pritchard V Police
3. Includes

OR
1. Ship

7

Ingredient - definitions and caselaw
Without authority

1. Authority
2. R V Keen
3. R V Collins

8

Ingredient - definitions and caselaw
With intent to commit an imprisonable offence in the building or ship

1. Intent
2. R V Waaka
3. R V Mohan
4. An imprisonable offence
5. Building OR Ship

9

Ingredient - definitions and caselaw
Having entered

1. Having
2. Entry

10

Ingredient - definitions and caselaw
remains in it without autority

1. Remaining
2. Physical element
3. Authority
4. R V Keen
5. R V Collins

OR

1. Remaining
2. Continuing act
3. Authority
4. R V Keen
5. R V Collins

11

Ingredient - definitions and caselaw
While committing burglary

1. While committing
2. Burglary

12

Ingredient - definitions and caselaw
Has a weapon with him/her OR uses anything as a weapon

1. Has
2. Police V Pitman

OR

1. Uses
2. R V Steele
3. Anything as a weapon

13

Ingredient - definitions and caselaw
Having committed burglary

1. Burglary

14

Ingredient - definitions and caselaw
While still in that building or ship

1. Still be present
2. Building OR Ship

15

Ship

Means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also included any ship belonging to or used as a ship of the armed forces of any country
Section 2, Crimes Act 1961

16

Intent

Mean to do it, they desire a specific result and act with the aim or purpose of achieving it

17

Entry

For the purposes of section 231 and section 232 entry is defined under section 231(3) as:

(a) entrance into a building or ship is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by that person, is within the building or ship

and

(b) everyone who gains entrance to a building or ship by any threat or artifice used for that purpose is to be treated as having entered without authority
Section 231(3), Crimes Act 1961

18

Building

means 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

19

Includes

The word includes and the particular examples used it is clear that parliament was not attempting to provide a comprehensive list of the items that might fall within the definition.

20

Authority

The act does not provide a definition of authority in general terms permission to enter onto (or remain within) the premises will be given by the occupier or person entitled to give consent

21

An imprisonable offence (burglary)

Normal meaning - any offence punishable by a term of imprisonment

22

Having

The word 'having' changes the entry element from 231(1)(a) as the accused must have already entered the building or ship before formulating the required intent to commit a crime

23

Remaining

The term "remaining" suggests this form of the offence may be committed in two ways

24

the physical element of the offence is complete (burglary)

the physical element of the offence is complete on the act of deliberately remaining in the building after the point where the accused should have left the building.

25

A continuing act of remaining

A continuing act of remaining in the building without authority and the continuing act is accompanied at some point by an intent to commit a crime within the building

26

While committing

The accused must be in the process of committing a burglary

27

Has (burglary)

The words "has a weapon with him or her" require no more than that the weapon is on the person of the accused or is readily available to him or her

28

Uses (Burglary)

A weapon may be "used" where words or conduct show the defendant has actual possession of a weapon or it is immediately available

29

Anything as a weapon

Under this provision the item is not necessarily one that is made to inflict bodily injury it is any item capable of inflicting bodily injury so long as the person using it intends it to be used for such purpose

30

Present (burglary)

the accused must still be present on the building or ship. In this sense the finding of the accused on the premises is an essential part of the offence.

31

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

32

R V Mohan

A decision to bring about, in so far as it lies within the accused power, the commission of the offence

33

Pritchard V Police

In each case the aim of the legislation is the same, namely to apply a particular criminal sanction for the intrusion into living accomadation

34

R V Keen

The three questions formulated for 'without authority by the judge in R V Keen were:

(i) What is the authority asserted?
(ii) What is the extent of that authority?
(iii) Was it exceeded

35

R V Collins

Mental Element
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 parties consent

36

Police V Pittman

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

37

R V Steele

'to use' may be limited to the offender revealing by words or conduct show the defendant has actual possession of a weapon in their physical possession and readily available