Aggravated Burglary S232(1)(a)

Question 1

Name the 2 ingredients for Aggravated Burglary s232(1)(a) Crimes Act 1961

Answer 1

1. While committing Burglary

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

Question 2

What is the penalty for Aggravated Burglary?

Answer 2

14 years

Question 3

Define while committing:

Answer 3

The accused must be in the process of committing a burglary

Question 4

Burglary s231 Crimes Act 1961 Everyone commits burglary and is liable to imprisonment for a term not exceeding 10 years who:

Answer 4

A)

• enters
• any building or ship or part of a building or ship
• without authority
• 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 
-with intent to commit an imprisonable offence in the building or ship

All ingredients must be met

Question 5

Define “has a weapon with him or her”..

Answer 5

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 6

Police v Pitman (weapon)

Answer 6

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

Question 7

define “Uses”…

Answer 7

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

Question 8

R v Steele (uses)

Answer 8

“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 9

Define Anything as a weapon:

Answer 9

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 10

Define Building s231(2) CA 1961

Answer 10

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 enclosed cave or closed tunnel.

Question 11

Define Ship:

Answer 11

Means every description of vessel used in navigation, however propelled and includes any barge, lighter, dingy, raft or like vessel, and also includes any ship belonging to or used as a ship of the armed forces of any country. S2 CA 1961