Aggravated Burglary - Section 232 (1) (a)

Question 1

Aggravated Burglary

Answer 1

Section 232 (1) (a), Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Elements

Answer 3

1. While committing Burglary

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

Question 4

While committing

Answer 4

the accused must be in the process of committing a Burglary.

Question 5

Burglary

Answer 5

Section 231 Crimes Act 1961
Burglary Definition
10 years imprisonment
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

Question 6

Has a weapon with him/her

Answer 6

Require no more than that the weapon is on the person of the accused or is readily available to him/her

Question 7

Police v Pitman

Answer 7

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 be limited to direct physical injury and can include bodily harm arising as a result of shock produced by the weapon.

Question 8

Uses

Answer 8

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

Question 9

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

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.