What the Police must prove - Burglary

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

The accused:

(1) entered the dwelling or premises of the complainant;

(2) that at the time the accused entered the dwelling he intended to commit an indictable offence.

Circumstances of Aggravations:

(a) Break

A person who breaks any part, whether external or internal, of a dwelling or any premises, or opens, by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar, flap, or other thing, intended to close or cover an opening in a dwelling or any premises, or an opening giving passage from one part of a dwelling or any premises, or an opening giving passage  from one part of the dwelling to another, is said to break the dwelling or premises.

 (b) "In the night" means between (9pm and 6am)

(c) "Uses or threatens to use actual violence.

Actual violence means no more than physical force which is real and not merely threatened or contemplated.

(d) Armed

To be armed with a weapon means that the defendant must be in possession of a weapon and the weapon must be available to immediate use as a weapon.

(e) "In company".

Being  'in company' requires proof that the defendant and one or more other person or persons be physically present for the common purpose of entering the dwelling or premises.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.