Aggravated burglary S232(1)(b)

Question 1

Name the 3 ingredients for Aggravated Burglary s232(1)(b) Crimes Act 1961

Answer 1

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 2

Define Building- S231(2) Crimes Act 1961

Answer 2

Building means 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 3

Define Ship- Sec.2 Crimes Act 1961

Answer 3

Means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft,or like vessel; and also includes and ship belonging to or used as a ship of the armed forces of any country.

Question 4

Define has a weapon with him or her:

Answer 4

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 5

Police v Pitman (weapon):

Answer 5

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 6

Define uses:

Answer 6

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

Question 7

R v Steele (uses):

Answer 7

“To use” may be limited to the offender revealing by words or conduct the actual presence of or immediate availability of an item so long as the accused have the weapon in their physical possession and readily available.

Question 8

Define Anything as a weapon:

Answer 8

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 9

“While still in the building or ship”

The accused must be..

Answer 9

The accused must be present on the building or ship. In this sense the finding of the accused on the premises is an essential part of the offence.

Question 10

Define building s231(2)

Answer 10

Building means any building or structure of any description, whether permanent or temporary, and includes a tent, caravan, of houseboat, and also includes any enclosed yard or any closed cave or closed tunnel.

Question 11

Define ship:

Answer 11

Means every description of vessel used in navigation, however propelled and includes any barge, lighter, dingy, raft or like vessel ad also includes any ship belonging to or used as a ship by the armed forces of any country. S2 CA 1961