AGGRAVATED BURGLARY - Definitions

Question 1

.1 While Committing Burglary

Answer 1

While committing:
The accused must be in the process of committing a burglary.

Burglary - Sec. 231, Crimes Act 1961 (1) Every one commits burglary and is liable to imprisonment for a term not exceeding 10 years who—
(a) enters any building or ship, or part of a 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.

All the Ingredients of burglary must be met.

Question 2

.2 Has a weapon with

him/her

Answer 2

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.

Question 3

OR Uses anything as a

weapon

Answer 3

Uses
A weapon may be “used” where words or conduct show the defendant has actual possession of a weapon or it is immediately available.

Anything as a weapon
Under this provision the item is not necessarily one that is made to inflict bodily injury it is any item capable of inflicting bodily injury so long as the person using it intends it to be used for such purpose.

Question 4

.1 Having committed Burglary

Answer 4

Burglary - Sec. 231, Crimes Act 1961 (1) Every one commits burglary and is liable to imprisonment for a term not exceeding 10 years who—
(a) enters any building or ship, or part of a 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.

All the Ingredients of burglary must be met.

Question 5

.2 Has a weapon with him or her / OR / Uses anything as a weapon.

Answer 5

As before.

Question 6

.3 While still in the building or ship

Answer 6

The accused must still be present on the building or ship. In this sense the
finding of the accused on the premises is an essential part of the offence.

Building S231(2) CA 61 - Building means any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.

Ship S2 CA 61 - means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country.