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Burglary and Robbery

Crimes Act 1961    Westlaw Burglary    Westlaw Robbery    Lexis Nexis

s 231 Burglary:  

See recent case about the relevant intents:  R v Kirby [2013] NZCA 451, and on the issue of belief in authority to enter a property R v Keen [2008] NZCA 36

For CA decisions on whether the intended offence must be proven see McNeice v R [2012] NZCA 566

s 232 Aggravated burglary

(1)    Every one is liable to imprisonment for a term not exceeding 14 years who,—

(a)    while committing burglary, has a weapon with him or her or uses any thing as a weapon; or

(b)    having committed burglary, has a weapon with him or her, or uses any thing as a weapon, while still in the building or ship.

(2)    Every one is liable to imprisonment for a term not exceeding 5 years who is armed with a weapon with intent to commit burglary.

Something not usually a weapon (such as a broomstick) can be a weapon if the defendant intends it to be available for that use:  R v Mason CA 17/05

For s 66 Parties issues see Westlaw

Updated on June 7, 2021

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