MLL214 Study Guide - Final Guide: Indictable Offence, Implied Consent, Burglary

• School: Deakin University
• Department: Business and Law
• Course: MLL214
• Professor: Brienna Bagaric

Document Summary

Burglary deals with the unauthorised entry of a building or part thereof by a person with an intent to steal, assault or commit property damage. The entry into a building must be an effective entry so that d is in such a position that he can commit the ulterior offence intended. The level of entry must be sufficient to complete the offence. Entry of part of (cid:859)s (cid:271)od(cid:455) i(cid:374)to a (cid:271)uildi(cid:374)g (cid:449)ill (cid:271)e suffi(cid:272)ie(cid:374)t if it puts d in a position to commit the ulterior offence (see, r v brown). Effective entry can be made through the use of inanimate objects (eg pole/stick). Innocent agent effective entry through the innocent agent. If causes an innocent agent such as a child or animal to enter a building for the purposes of burglary, then commits an: trespass- also has mr element, (discuss together) Burglary will only occur if d enters a building as a trespasser.