Aggravated burgalry

Question 1

Definition

Answer 1

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

Question 2

Weapons - Firearms

Answer 2

Air guns, air pistols, imitation firearms

Question 3

Weapons - weapon of offence

Answer 3

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

Question 4

Knowledge

Answer 4

Must know that they have the item with them. No need to prove they intended to use the weapon

Question 5

At the time

Answer 5

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

Question 6

Aggravated burglary and timing of the weapon

Answer 6

The defendant must have the weapon with them at the time when the ulterior offence is committed

Question 7

Unaware of the weapon and aggravated burglary

Answer 7

If you’re unaware of the weapon being on you then it will not qualify as a weapon for aggravated burgly