Aggravated Burglary Flashcards
Offence of Aggravated Burglary
s10 Theft Act 1968
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 (WIFE)…
Penalty:
- Indictment– Life imprisonment.
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; and for this purpose—
s 10 of the Theft Act 1968
(a) “firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and
(b) “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and
(c) “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.
If a person enters a house as a trespasser intending to steal property, and picks up a knife when he hears someone coming down the stairs, at what point may aggravated burglary occur?
If the burglar moves into another room with the knife with intent to steal OR he stabs the occupier.
“Has with him”
There has to be a degree of immediate control (carrying/ in a bag).
More than one person can be charged with aggravated burglary even if only one has the weapon.
Must have knowledge of the presence of WIFE item.
No intention is needed to use the weapon only have with them (forgetting is not a defence).
“Instant arming”
Ordinary items can instantaneously change into weapons of offence.
E.g using a screwdriver to get in, to then stab occupant in the stomach.
What is a weapon of offence?
- Items made for causing injury, e.g bayonet or a knuckle duster.
- Items adapted for causing injury, e.g a sharpened screwdriver.
- Items intended for causing injury, e.g an ordinary cutlery knife.
- Items made, adapted or intended to incapacitate a person, e.g handcuffs, rope, CS spray and chloroform.
What explosives are included?
Covers explosives such as TNT and items such as grenades as they are both manufactured to produce a practical effect by an explosion.
It also covers an item intended by the person having it with him/her for that purpose.
Fireworks are excluded.
What are the ‘WIFE’ articles?
Weapon of Offence
Imitation Firearm
Firearm
Explosive
(also includes articles for incapacitation).
Question: Joseph has a row with this boss and seeks revenge. He breaks into his boss’s house with the intention to spray paint ‘wanker’ on his lounge wall. As he gets into the lounge he sees a poker and picks it up. He decides there and then the spray painting isn’t enough and is going to strike him with the poker when he comes down.
Has he committed Aggravated Burglary 9(1)(a)?
- No, he has not committed aggravated burglary.
- He has originally entered with the intention of committing criminal damage 9(1)(a). This intention changes in the lounge to commit GBH.
- However, at that point, he is not ‘entering’ but rather has ‘entered’ therefore for him to be guilty of aggravated burglary 9(1)(a) he would need to walk through a door (therefore entering as a trespasser to commit GBH).
“Through the Door”
The time the defendant ahs the weapon with them is critical as to whether or not the offence is made out.
If you are already in a room and your intent changes with aggravated burglary, you need to move into the next room.
e.g they enter with one intention, their intention changes when they are in that room, is the burglary aggravated? NO- not if they haven’t gone through a door.
Question: Patrick is done on his luck. He decides to break into his cousin’s house to steal his TV to sell for drugs. Patrick takes his jacket from the hook and forgets he has his fishing knife in the top pocket. He breaks into his cousin’s house but once inside is scared off by the dog.
Has Patrick committed aggravated burglary 9(1)(a)?
- Yes, he has.
- Intention is required for burglary 9(1)(a) on entry to commit one of the specified offence, but not for the weapon.
- There is no requirement to prove the person that had the weapon with them had any intention of using it, only that it was in their possession.
Question: Graham breaks into an office with the intention of stealing laptops. He is surprised inside by a cleaner. He picks up a knife from the side to stab the cleaner with. The cleaner rushes to disarm Graham and he stabs the cleaner in the stomach.
Has Patrick committed aggravated burglary 9(1)(a)?
- Yes, he has.
- He picks up the knife.
- When he inflicts GBH (the stabbing) aggravated burglary is made out.
