Burglary

Question 1

Elements of burglary

Enters

Answer 1

• enters
• any building or ship or part of
• without authority
• with intent to commit an imprisonable offence

Question 2

Elements of Burglary

Having entered

Answer 2

• having entered
• any building or ship or part of
• remains without authority
• with intent to commit impriaonable offence

Question 3

Define Enters

Answer 3

• as soon as any body part or extension of body part enters (eg crowbar via a window) with intent to commit an offence burg enters is complete

Question 4

Define “remains without authority”

Answer 4

Remains when consent to be within the building or ship no longer applies,

Eg shop after closing hours

Question 5

In relation to having remained, what is the key element that can make the act theft not burglary.

Answer 5

The offender must have stayed in the building with the INTENT to commit and imprisonable offence.

Opportunistic taking is theft.

Question 6

Define aggravated burglary?

Answer 6

• while committing has a weapon on them or uses anything as a weapon
  OR
• having committed burglary has a weapon on them or uses anything as a weapon while still in the building.

Question 7

Elements of possession of instruments for burglary

Answer 7

• without lawful authority or excuse
• has in his or her possession
• any instrument capable of being used for burglary
• with intent to use it for such purposes