Aggravated Burglary

Question 1

What is the maximum sentence for aggravated burglary?

Answer 1

Life imprisonment

Question 2

When will a burglary be aggravated?

Answer 2

So must be either a section 9(1)(a) or section 9(1)(b)

AND

At any time of burglary D has:

• firearm or imitation firearm
• weapon of offensive
• explosive

for purpose of burglary

Question 3

What is an explosive?

Answer 3

Any article manufactured for the purpose of producing a practical effect by explosion or intended by the person having it with them for that purpose

Question 4

What will amount to a weapon of offence?

Answer 4

Any article:

• made or adapted for causing injury to or incapacitated a person
• which at the time of committing the burglary, D possess with intention of causing injury to or incapacitating a person

Question 5

When must D have the article with them?

Answer 5

At time they commit the relevant burglary

s 9(1)(a) - at point of entry

s 9(1)(b) - on commission or attempted commission of theft or GBH