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QLD Burglary - Stealing and Assault?

Discussion in 'Criminal Law Forum' started by AllForHer, 24 September 2014.

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  1. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    I'm in Queensland.

    If a person knocks on the door of a dwelling, receives no answer, then finds the door is unlocked and proceeds to enter, where they find the resident inside and the resident doesn't ask them to leave because they were expecting them...

    ...but then the person goes on to steal property out of the dwelling and assault the resident, is this considered burglary or theft under criminal law?

    Thanks in advance.
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Burglary is when the perpetrator trespasses (i.e. breaks into the premises) and steals. Burglary requires entrance of premises without consent: Criminal Code (Qld) s 41.

    Robbery is when the perpetrator just steals, without trespassing. Robbery may include aggravating facts such as weapons and assault: Criminal Code (Qld) s 40.

    See further sections: Criminal Code 1899 (Qld).

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