Property Offences - Aggravated Burglary

Question 1

What is the legislation for aggravated burglary?

Answer 1

Section 10 Theft Act 1968

Question 2

What is the definition of aggravated burglary?

Answer 2

Commits any burglary and at the time has with him any WIFE
W - weapons of offence
I - imitation firearms
F - firearms
E - explosives

Question 3

What is the maximum sentence for aggravated burglary?

Answer 3

Life imprisonment

Question 4

What is classed as a weapon of offence?

Answer 4

Any article made or adapted for use for:
- causing injury
- incapacitating a person e.g. gaffa tape, rope, drugs
- intending by the person having it with them for that purpose

Question 5

What is classed as a firearm?

Answer 5

Any lethal barrelled weapon, capable of firing a shot, missile, bullet or other projectile

Question 6

What is classed as an imitation firearm?

Answer 6

Anything with the appearance of a firearm, e.g. chair leg in a carrier bag could be classed, however, the use of body parts cannot

Question 7

Can someone commit an aggravated burglary if they have a WIFE with them but was not aware of it?

Answer 7

No - the offence requires the defendant to have immediate control of the WIFE. If someone does not know it is in there pocket, for example, they do not have control over it.

Question 8

Can you have a lawful authority or reasonable excuse to possess a WIFE when committing a burglary?

Answer 8

No - for example, if a police officer in full kit (handcuffs, baton, PAVA) commits burglary whilst on duty, he would commit an aggravated burglary as he would have with him a WIFE