Aggravated Burglary

Question 1

Act and section

Answer 1

S232(1)(a) CA 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

While committing burglary
Has any weapon with him/ her or
Uses anything as a weapon

Question 4

While committing

Answer 4

The accused must be in the process of committing a burglary

Question 5

Burglary

Answer 5

S231 CA 1961

1) everyone commits burglary and is liable to a term of imprisonment not exceeding 10 years who
a) enters any building or ship or part of any building or ship without authority and with intent to commit an imprisonable offence in the building or ship OR
b) having entered any building or ship remains in it without authority and with intent to commit an imprisonable offence in the building or ship

Question 6

What must be proved

Answer 6

All the ingredients to burglary must be met

Question 7

Has a Weapon

Answer 7

The words has a weapon with him or her require no more than that. The weapon is on the person of the accused or is readily available to him or her

Police v Pitman
The word weapon carries a meaning of something used to inflict bodily injury also any other item which the accused intended to use to cause such harm should the need arise.

Question 8

Uses

Answer 8

To put into service or action

R v Steele
To use May be limited to the offender revealing by words or conduct the actual presence or immediate availability of the item as long as the accused has the weapon with him or immediately available to him

Question 9

Anything as a weapon

Answer 9

Item does not have to be made for causing bodily injury but as long as it is capable of inflicting bodily injury and the accused intended it to be used as such