Aggravated Burglary - Section 232 (1) (b)

Question 1

Aggravated Burglary

Answer 1

Section 232 (1) (b) Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Elements

Answer 3

1. Having committed Burglary
2. has a weapon with him/her OR uses anything as a weapon
3. While still in the building or ship

Question 4

Burglary

Answer 4

Section 231 CA 1961
Imprisonment 10 years
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

Question 5

Has a weapon with him/her

Answer 5

requires 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

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

Question 7

Uses

Answer 7

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

Question 8

R v Steele

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

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

While still in the building or ship

Answer 10

Accussed must still be present on the building or ship. Essential element of offence.

Question 11

Building

Answer 11

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 closed cave or closed tunnel

Question 12

Ship

Answer 12

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 or any country