Aggravated Burglary S.10

Question 1

What is the sentencing for aggravated burglary?

Answer 1

Imprisonment for life if at time of burglary weapon is present.

Question 2

What happened in the case of R v O’Leary 1986?

Answer 2

D entered kitchen and grabbed knife and forced victim to hand over property. Burglary committed at time of ulterior offence.

Question 3

What is the m/r for aggravated burglary?

Answer 3

D must have MR of burglary and also know that he has the weapon

Question 4

What happened in the case of R v Russell 1984?

Answer 4

Simple burglary

Question 5

What happened in the case of R v Stones 1989 ?

Answer 5

He had no intention to use knife although equipped with it at the time. He claimed to carry it because of fear of attack by a gang.

Question 6

What happened in the case of R v Klass 1998 ?

Answer 6

D inside house but did not have weapon, accomplice had weapon outside. D must have weapon inside the building, not enough that accomplice has weapon outside.

Question 7

What happened in the case of R v Kelly 1993?

Answer 7

used screwdriver to prod victim in stomach, guilty of aggravated burglary.