Facing A Property offence charge in QLD?

The Prosecution must prove that:

1. The defendant stole something.

2. At the time of, or immediately before, or immediately after, stealing it, the defendant used or threatened to use actual violence to any person or property.

Any degree of violence is sufficient.

Use of violence means that some degree of force is used.

The use or threat of violence must be done in order to obtain the thing stolen or to prevent or overcome resistance to it being stolen.

(1) Any person who commits the crime of robbery is liable to imprisonment for 14 years.

(2) If the offender is or pretends to be armed with any dangerous or offensive weapon or instrument, or is in company with 1 or more other person or persons, or if, at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person, the offender is liable to imprisonment for life.

The Prosecution must prove that:

1. The [property described in the indictment] is a thing capable of being stolen.

Anything that is the property of any person is capable of being stolen if it is:

1. moveable; or

2. capable of being made moveable even if it is made moveable in order to steal it.

3. The thing is owned by the person named as owner in the indictment.

4. There was a taking without the consent of the owner.

That is the defendant must have actually moved it or actually dealt with it by some physical act without the owner’s consent.

1. The taking was with a fraudulent intent.

That is with an intent to permanently deprive the owner of the thing.

[Where there is more than one item of property:

It is sufficient for the prosecution to prove the stealing of any one item – not necessary for the prosecution to prove defendant stole all the items referred to in the indictment.]

1. Penetrated the vulva, vagina or anus of the other person.

2. To any extent.

3. With a thing or part of the defendant’s body that is not a penis.

4. Without the consent of the other person. OR

1. Penetrated the mouth of the other person.

2. To any extent.

3. With the defendant’s penis.

4. Without the consent of the other person.

(1) Any person who steals anything capable of being stolen is guilty of a crime, and is liable, if no other punishment is provided, to imprisonment for 5 years.

Burglary
The Prosecution must prove that:

1. The defendant entered the dwelling or, for offence under s 421, premises of [the complainant];

2. At the time the defendant entered the dwelling house he intended to commit an indictable offence, namely [name indictable offence]. 

[The named offence is an indictable offence.

Direct on any relevant circumstances of aggravation: 

1. 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 an opening in a dwelling or premises, or an opening giving passage from one part of the dwelling or premises to another, is said to break the dwelling or premises.

1. “In the night” means between 9 pm and 6 am.

2. “Uses or threatens to use actual violence”.

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

Armed.

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

1. “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.

A person is said to enter a dwelling as soon as any part of the person’s body or any part of any instrument used by the person is in the dwelling.

 “Premises” includes a building or structure or part thereof, a tent, caravan, vehicle or similar place

The further opening of an already partly opened garage door does not constitute a “breaking”.