Burglary : Must Knows

Question 1

Elements: Burglary

Answer 1

E B S P P W I O S.
ENTERS 
Any BUILDING 
OR Any SHIP
OR Any PART of that Building
OR Any Part of that ship
WITHOUT Authority 
With the INTENT to commit an imprisonable offence in the building 
OR 
With intent to commit an imprisonable offence in a ship.

Question 2

Enters : Definition

Answer 2

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person is within the building or ship.

Question 3

Elements : Burglary (Having Entered)

Answer 3

Having entered 
Any building 
OR 
 Any ship 
Remains without authority 
With the intent to commit an imprisonable offence in the building
OR 
Ship

Question 4

Having Entered : Definition

Answer 4

When the offender has entered the building, ship or enclosed yard legally and legitimately and THEN decides to commit an imprisonable offence.

Question 5

Building and Ship : Definition.

Answer 5

Building:
Any building or structure of any description, whether permanent or temporary; including a tent, caravan, or houseboat or an closed yard or any closed cave or closed tunnel.

Ship
Any vessel used navigation, however propelled.

Question 6

Part of a Building or Ship

Answer 6

• An offender could enter a building or ship legitimately with no intent at the time of entry.
• However while in the building the offender could form intent, then enters another part off the building to commit an imprisonable offence.

Question 7

Without Authority or Remains Without Authority

Answer 7

An absence of authority , either expressed or implied, from a person the defendant believes is legally able to give consent.

Offender still remains when consent to be with in the building or ship no longer applies.

Question 8

Aggravated Burglary

Answer 8

a) While committing burglary, has a weapon with him or her or uses anything as a weapon; or
b) Having committed burglary has a weapon with him or her or uses anything as a weapon, while still in the building or ship.

Question 9

Artifice

Answer 9

• Being cunning, skilled or artful
  e. g. Making up a fake ID and then pretending to enter someones house to fix something.

Although it may seem that entry has been obtained by permission the nature of the act causes the authority either expressed or implied to be negated.