Aggravated Burglary - While committing burglary

Question 1

Section

Answer 1

Sec 232 (1)(a) Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

1) While committing burglary
2) Has a weapon with him
or
Uses anything as a weapon

Question 4

While Committing

Answer 4

The accused must be in the process of committing burglary.

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

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

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.