AGGRAVATED BURGLARY - Definitions

Question 1

While Committing Burglary

Answer 1

While committing:

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

Question 2

Has a weapon with him/her

Answer 2

Has a weapon with him or her

• The weapon is on the person of the accused or is readily available to him or her.

Question 3

Uses anything as a weapon

Answer 3

Uses anything a s a weapon

Where words or conduct show

• the defendant has actual possession of a weapon or it is immediately available.
• 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

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

While still in the building or ship

Answer 5

While still in the building or ship

• The accused must still be present on the building or ship.