Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 6 Offences relating to property and contractsChapter 39 Burglary—housebreaking—and like offences[s 418]overcome resistance to such control being taken or exercisedor is armed with any dangerous or offensive weapon orinstrument or is in company with one or more other person orpersons or takes or exercises such control by any fraudulentrepresentation trick device or other means the offender isliable to imprisonment for life.Chapter 39Burglary—housebreaking—andlike offences418 Definitions(1) A person who breaks any part, whether external or internal, ofa 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 closeor cover an opening in a dwelling or any premises, or anopening giving passage from one part of a dwelling or anypremises to another, is said to break the dwelling or premises.(2) A person is said to enter a dwelling or premises as soon as anypart of the person’s body or any part of any instrument usedby the person is within the dwelling or premises.(3) A person who obtains entrance into a dwelling or premises bymeans of any threat or artifice used for that purpose, or bycollusion with any person in the dwelling or premises, or whoenters any chimney or other aperture of the dwelling orpremises permanently left open for any necessary purpose,but not intended to be ordinarily used as a means of entrance,is deemed to have broken and entered the dwelling orpremises.(4) In this chapter—Current as at 1 December 2014 Page 255