Burglary - Having Entered, Remains Without Authority

Question 1

Section

Answer 1

Sec 231(1)(b) Crimes Act 1961

Question 2

Penalty

Answer 2

10 years imprisonment

Question 3

Ingredients

Answer 3

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 4

Having Entered

Answer 4

The word “having” changes the entry element from sec 231 (1)(a) as the accused must have already entered the building or ship before formulating the required intent to commit a crime.

Question 5

Entered

Answer 5

Section 231 (1)(3) CA61

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

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 6

Building

Answer 6

Section 231 (2) CA61

Means any building or structure of any description, whether permanent or temporary; and includes any tent, caravan or houseboat; and also includes any enclosed yard or closed cave or closed tunnel.

Question 7

Ship

Answer 7

Section 2 Crimes Act 1961

Means every description of every 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 8

Remains In It Without Authority

Answer 8

The term “remains” suggests this form of offence may be committed in two ways.

Question 9

No: 1 - Remains

Answer 9

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 10

No: 2 - Remains

Answer 10

A continuing act of remaining in the building without authority, and the continuing act is accompanied by an intent to commit a crime within the building.

Question 11

Without Authority

Answer 11

The act does not provide a clear 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 12

R v Keen

Answer 12

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 13

R v Collins

Answer 13

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 14

Intent

Answer 14

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 15

An Imprisonable Offence

Answer 15

S5 CPA11

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