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CRIMINAL LAW

Burglary

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Know the law  . . . .  and the defences.

 

Burglary is the act of entering a building with intent to commit a crime. 

 

The crime used to be referred tp as "breaking and entering" but, since October 2004, there does not have to be a "break".   Entering with intent to commit a crime is enough.

 

You can get up to 10 years imprisonment for burglary.

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Feedback/Blogs/Reviews from related topic: Accessory After The Fact
"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
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"Well set out and helpful. I now know just how far you can, and cannot go. I was amazed that you cannot "strike" someone if you are only defending yourself as opposed to your property. Good stuff Netlaw! James W. Auckland May 2006"
"Yes . . . interesting. Trev, Bay of Plenty. April 2006"
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"Is it possible to get a discharge without conviction on a dangerous driving or reckless driving charge? Thanks

Netlaw replies: Yes, it is possible, but very difficult. There would have to be very special reasons like driving in an emergency situation."

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"Has the law now changed? You used to be able to apply for a disqualification removal after 6 months of any disqualification. Dave H. - Albany

NETLAW replies: Yes. That ability has now gone. You need to read this topic carefully and note that there has been a law change,"

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I think that Home Detention is a bit of a sop. Either you go to prison or you do not! I think it is almost like getting off! Mike H - Wellington"

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"WOW . . . a great site. This topic alone is worth the entry fee. I also did my own will and had it checked by a lawyer neighbour and he said it was perfectly OK. Matt G."
"I agree heaps. I actually followed this topic to the letter and got my limited licencemyself. It took a couple of weeks but reckon it could be done in a week. Everything you said happened. The cops were good and the judge was very nice. I only had to mumble "thank you". Noel G.
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"Received phone call from the police today, they have told me they will NOT oppose anything set out in my limited licence application. They were very impressed that I had done all the work myself. Thanks NETLaw - Jake, Christchurch.

Netlaw replies: Thank you for teling us. We have had a similar letter from Auckland Central."

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"Dear Netlaw . . . it was really helpful to realise the difficultes in getting suppression of name and to get some of the caselaw. It allowed me to prepare a lot better. I had a silly shoplifting case but I am in my early thirties and I really wanted name suppression. You guys really helped. Also, you other sites are dazzling. Becs (not my real name)

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"Is rape the same as sexual violation? - JKH"
"NETLAW replies . . . It is a special definition of sexual violation. It is sexual violation using the penis rather than part of the body or an instrument any other item. "
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"Helped us greatly. We also looked through all your other criminal sites and have printed some off. Thanks Netlaw. Ali"
"Do we have to use the State paid "Youth Advocates"? Mrs H. (name withheld)

Netlaw replies - No, but you do have to pay for a lawyer of your choice UNLESS the case is so serious that it goes to the District Court or the High Court. Then, normal legal aid takes over where you can choose your own lawyer."

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