Aggravated burgalry Flashcards
Definition
A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence or any explosive. Requires proof of elements of burglary under S. 9(1)(a) or S. 9(1)(b) and at the time the defendant was in possession of a weapon
Weapons - Firearms
Air guns, air pistols, imitation firearms
Weapons - weapon of offence
Any article made or adapted for use for causing injury to or incapacitating a person or intended for such such. Knife must be 3 inches or more.
E.g machete
Broken bottle
Hammer
Length of rope
Knowledge
Must know that they have the item with them. No need to prove they intended to use the weapon
At the time
Defendant must have the weapon with them at the time of committing the burglary.
For S. 9(1)(a) this will be at the time of entry
For S.9(1)(b) this will be when the ulterior offence (theft of GBH) is committed