Burglary - Enters Without Authority

Question 1

Section

Answer 1

231(1)(a) Crimes Act 1961

Question 2

Penalty

Answer 2

10 years imprisonment

Question 3

Ingredients

Answer 3

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

Question 4

Enters

Answer 4

Sec 231 (3) Crimes Act 1961

For the purposes of section 231 and 232, entry is defined under 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.

Question 5

Building

Answer 5

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.

Question 6

Ship

Answer 6

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.

Question 7

Without Authority

Answer 7

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 8

R v Keen

Answer 8

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?

Question 9

R v Collins

Answer 9

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.

Question 10

Intent

Answer 10

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly an intention to get a specific result

Question 11

An Imprisonable Offence

Answer 11

S5 CPA11

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

Must show what the imprisonable offence was that they intended to commit in the building or ship and how the intent was shown