Aggravated Burglary Flashcards
Act and section
S232(1)(b) CA 1961
Penalty
14 years
Ingredients
Having committed burglary
Has any weapon with him/ her or
Uses anything as a weapon
While still in the building or ship
Burglary
S231 CA 1961
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 with intent to commit an imprisonable offence in the building or ship or
b) having entered any building or ship remains without authority with intent to commit an imprisonable offence within that building or ship
What must be proved
All the ingredients to burglary must be met
Weapon
The words has any weapon with him or her require no more than that the weapon is on the person of the accused or readily available to him or her
R v Pitman
The word weapon carries a meaning of something capable of inflicting bodily injury also any other item which the accused intended so to use for such a purpose. Bodily injury does not have to be from direct physical injury it can be shock cause by the weapon.
Uses
To put into service or action
R v Steele
The use may be limited to the offender revealing by words or conduct the actual presence of or immediate availability of the item so long as the accused has the item on him or immediately available to him
Anything as a weapon
Item does not have to be one made to inflict bodily injury as long as it is capable of inflicting bodily injury and the defendant intends to use it for such a purpose
While still in
The accused must still be in the building or ship. This is an essential part of the offence
Building
S231(2) CA 1961
Means any building or structure weather permeant or temporary and includes any tent, caravan or house boat. Also includes any enclosed yard, closed cave, closed tunnel.
Ship
S2 CA 1961
Means any vessel used in navigation however propelled and includes any dinger, lighter, ready or like vessel
