Frequently Asked Questions

Q: What are the elements of burglary?

Generally speaking, the constituent parts of burglary, is the intent to commit an offence in a building, and the act of entering into, said building. In R v Dugan, the leading judgment by Street CJ, stated:

“Its ingredients, as the section states, for presently relevant purposes, are first entering a building, and secondly, with intent to commit a felony in the building… The actus reus is the act of entry. The mens rea is the intent to commit the robbery in the building. The coincidence in point of time of these two ingredients is what is encompassed within the Act.”


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