Aggravated Burglary

Question 1

Outline the 2 ways the offence of Agg Burg

s77 CA 1958

be committed

Answer 1

The offence can be committed in two alternative ways:

1. aggravated burglary while armed (s77(1)(a)); or
2. aggravated burglary where a person was present (s77(1)(b)).

Question 2

Outline the 2 elements that would make the offence for agg burg while armed

Answer 2

1. the accused committed burglary; and
2. at that time the accused had a firearm, imitation firearm, offensive weapon, explosive or imitation explosive with him or her.

Question 3

if it is alleged that the accused committed aggravated burglary while armed

outline what the prosecution must prove

Answer 3

at the time the accused committed the burglary, he or she had one of the following five articles with him or her:

1. a firearm;
2. an imitation firearm;
3. an offensive weapon;
4. an explosive; or
5. an imitation explosive (Crimes Act 1958 s77(1A)).

Question 4

Outline the 3 elements for Aggravated burglary where a person was present

Answer 4

Aggravated burglary where a person was present has the following three elements:

1. the accused committed burglary; and
2. a person was then present in the building or part of the building; and
3. the accused knew that a person was then so present, or was reckless as to whether or not a person was then so present (Crimes Act 1958 s77).