Burglary

Question 1

Burglary (enters) 
Section 
Act 
Penalty 
Ingredients

Answer 1

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

Question 2

Burglary (having entered) 
Section 
Act 
Penalty 
Ingredients

Answer 2

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

Question 3

Aggravated Burglary (while committing) 
Section 
Act 
Penalty 
Ingredients

Answer 3

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

Question 4

Aggravated Burglary (having committed) 
Section 
Act 
Penalty 
Ingredients

Answer 4

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

Question 5

ingredients - definitions and caselaw

Enters

Answer 5

1. Entry

Question 6

ingredients - definitions and caselaw

Any building OR ship

Answer 6

1. building
2. Pritchard V Police
3. Includes

OR
1. Ship

Question 7

Ingredient - definitions and caselaw

Without authority

Answer 7

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

Question 8

Ingredient - definitions and caselaw

With intent to commit an imprisonable offence in the building or ship

Answer 8

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

Question 9

Ingredient - definitions and caselaw

Having entered

Answer 9

1. Having

2. Entry

Question 10

Ingredient - definitions and caselaw

remains in it without autority

Answer 10

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

Question 11

Ingredient - definitions and caselaw

While committing burglary

Answer 11

1. While committing

2. Burglary

Question 12

Ingredient - definitions and caselaw

Has a weapon with him/her OR uses anything as a weapon

Answer 12

1. Has
2. Police V Pitman

OR

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

Question 13

Ingredient - definitions and caselaw

Having committed burglary

Answer 13

1. Burglary

Question 14

Ingredient - definitions and caselaw

While still in that building or ship

Answer 14

1. Still be present

2. Building OR Ship

Question 15

Ship

Answer 15

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

Question 16

Intent

Answer 16

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

Question 17

Entry

Answer 17

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

Question 18

Building

Answer 18

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

Question 19

Includes

Answer 19

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.

Question 20

Authority

Answer 20

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

Question 21

An imprisonable offence (burglary)

Answer 21

Normal meaning - any offence punishable by a term of imprisonment

Question 22

Having

Answer 22

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

Question 23

Remaining

Answer 23

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

Question 24

the physical element of the offence is complete (burglary)

Answer 24

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.

Question 25

A continuing act of remaining

Answer 25

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

Question 26

While committing

Answer 26

The accused must be in the process of committing a burglary

Question 27

Has (burglary)

Answer 27

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

Question 28

Uses (Burglary)

Answer 28

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

Question 29

Anything as a weapon

Answer 29

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

Question 30

Present (burglary)

Answer 30

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.

Question 31

R V Waaka

Answer 31

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act

Question 32

R V Mohan

Answer 32

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

Question 33

Pritchard V Police

Answer 33

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

Question 34

R V Keen

Answer 34

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

Question 35

R V Collins

Answer 35

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

Question 36

Police V Pittman

Answer 36

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

Question 37

R V Steele

Answer 37

'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