Aggravated Burglary Flashcards
(7 cards)
What additional element must be present for burglary to become aggravated burglary?
The offender must have with them a firearm, imitation firearm, weapon of offence, or explosive at the time of the burglary.
What is the maximum sentence for aggravated burglary?
Life imprisonment, as it is an indictable-only offence.
How is a “firearm” defined for the purposes of aggravated burglary?
It includes air guns and air pistols under Section 10.
What is an “imitation firearm” under Section 10 of the Theft Act?
Any object that appears to be a firearm, regardless of whether it is functional or capable of being discharged.
Does it matter whether the weapon used in an aggravated burglary is capable of causing harm?
No, the appearance of the weapon as a firearm or offensive weapon is sufficient.
Can someone be guilty of aggravated burglary if no one is home during the offence?
Yes, presence of the victim is not required; the offence focuses on burglary plus the possession of a specified weapon.
If a person commits burglary while carrying an object painted to resemble a gun, are they liable for aggravated burglary?
Yes, if the object appears to be a firearm, it meets the definition of an imitation firearm, satisfying the weapon element of aggravated burglary.
