Aggravated Burglary - Having Committed Burglary

Question 1

Act and section

Answer 1

232 (1)(b) Crimes Act 1961

Question 2

Penalty

Answer 2

14 Years Imprisonment

Question 3

Ingredients

Answer 3

1) Having committed burglary
2) Has a weapon with him
or
Uses anything as a weapon
3) While still in the building or ship

Question 4

Having committed burglary

Answer 4

Takes on normal meaning of the full ingredients of burglary must have been committed by the accused

Question 5

Burglary - Sec 231, Crimes Act 1961

Answer 5

Everyone commits burglary and is liable to imprisonment for a term not exceeding 10 years who -

a) enters any building or ship, or part of any 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.

Question 6

Has a weapon with him or her

Answer 6

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 7

Police V Pitman

Answer 7

The word weapon carries the meaning of “something used to inflict bodily injury”, but also any other item which the accused “intended to use to inflict harm should the need arise”… Bodily injury need not be limited to direct physical injury and can include bodily harm arising as a result of shock produced by the weapon.

Question 8

OR

Uses anything as a weapon

Answer 8

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

Question 9

Case law:

R v Steele

Answer 9

‘To 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 have the weapon in their physical possession and readily available.

Question 10

Anything as a weapon

Answer 10

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 purposes.

Question 11

While still in the building

Answer 11

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.

Question 12

Building

Answer 12

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 closed cave or closed tunnel.

Question 13

Police V Pritchard

Answer 13

In each case, the aim of the legislation is the same, namely, to apply a particular criminal sanction for the intrusion into living accommodation.

Question 14

Or Ship - Sec 2 Crimes Act 1961

Answer 14

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.