Aggravated Burglary - While committing burglary Flashcards
Section
Sec 232(1)(a) Crimes Act 1961
Penalty
14 years
Ingredients
1) While committing burglary
2) Has a weapon with him/her
OR
Uses anything as a weapon
While Committing
The accused must be in the process of committing burglary.
Burglary
Sec 231, Crimes Act 1961
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.
All ingredients of burglary must be met
Has a Weapon With Him/Her
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.
Police v Pitman
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.
Uses
A weapon may be use where words or conduct show the defendant has the actual possession of a weapon or it is immediately available.
R v Steele
‘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.
Anything as a weapon
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.
