Act Burglary
Crimes s.76 (1)
Entering a building or part of a building as a trespasser with intent to (a) steal; or (b) commit an offence involving assault or property damage if offence is punishable by 5 or more years.
Entry as a trespasser (1)
Entry to any extent eg hand; entry without right or authority into a building in the possession of another; and knowing, or being reckless about, the lack of authority to enter. (Collins [1973] 1 QB 100)
Entry as a trespasser (2)
Entry by consent of owner consent obtained by fraud -> trespass; consent to enter for one purpose but D enters for another (unlawful) purpose -> trespass; general consent to enter -> no trespass even if entry for unlawful purpose (Barker (1983) 47 ALR 1)
Entry to building or part of building
Definition s.76(2) Building: some of degree permanence. Can be distinct set of premises eg block of flats. Part of a building: eg owner of one flat in a block entering another flat without consent. Walkington (1979): enclosed counter area of shop = `part of building'
Mens rea
With intent to steal; or With intent to commit assault (5+ yrs); or With intent to commit property damage (5+ yrs)
Aggravated burglary
D commits a burglary and (a) at the time has with him or her any firearm or imitation firearm, any offens...