Burglary (Section 231 Crimes Act 1961)

Charge 1: Burglary under section 231 of the Crimes Act 1961

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means that you must be sure that each element is proved.

1.	Are you sure that Mr Smith entered Ms Jones’ house at 11 Rosebank Avenue, Titirangi?
	“Entered” means that any part of Mr Smith’s body, or any part of an object used by Mr Smith, was inside the building. If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith did not have authority to enter the house [or that Mr Smith remained in the house without authority]?
	[Note: Where there is an express challenge to authority, the question trail should include questions (i)–(iii) below. If authority is not expressly challenged, questions (i)–(iii) do not need to be included, however the issue of authority still needs to be put to the jury]. To answer question two, ask yourself three questions: (i) What is the authority claimed by Mr Smith? (ii) What is the extent of that authority? (iii) Was the extent of that authority exceeded? If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Mr Smith knew that he had no authority to enter Ms Jones’ house [or remain in the house] or was reckless as to the absence of authority?
	“Reckless” means that Mr Smith recognised there was a real possibility that he did not have authority to enter Ms Jones’ house and that, having regard to that possibility, Mr Smith’s actions in entering [or remaining in] the house were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that when Mr Smith entered the house [or while Mr Smith remained in the house without authority], he intended to steal property from the house?
	“Steal” means that Mr Smith: (a) intended to take property from the house; (b) intended to take the property without a genuine belief Ms Jones (or anyone else entitled to give him consent or approval) consented or gave him authority to do so; (c) did not believe that taking the property was lawful and that he had a right to take the property; and (d) intended that Ms Jones be permanently deprived of them. It is not necessary that he actually stole the property. It is sufficient he entered the building with that intent. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.