Burglary - Enters Without Authority Flashcards Preview

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Flashcards in Burglary - Enters Without Authority Deck (16):
1

Section

231 (1)(a) Crimes Act 1961

2

Penalty

10 years imprisonment

3

Ingredients

1) Enters
2) Any building or Ship
3) Without Authority
4) With intent to commit an imprisonable offence in the building or ship.

4

Enters - Sec 231 (3) Crimes Act 1961

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

a) entrance into any building or ship is made as soon as any part of the person making the entrance, or 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.

5

Any Building - Sec 231 (2) Crimes Act 1961

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 closed cave or closed tunnel.

6

note:

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

7

Police v Pritchard

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

8

Or Ship - Sec 2 Crimes Act 1961

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

9

Without 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.

10

R v Keen

The three questions formulated for "without authority" by the judge in R v Keen were:

1) What is the authority asserted?
2) What is the extent of that authority?
3) Was it exceeded?

11

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.

12

Intent

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

13

R v Mohan

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

14

R v Waaka

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

15

An Imprisonable Offence

Normal meaning - any offence punishable by a term of imprisonment.

16

Building or Ship

As above.