Flashcards in Aggravated Burglary - While committing burglary Deck (10):
Sec 232 (1)(a) Crimes Act 1961
1) While committing burglary
2) Has a weapon with him
Uses anything as a weapon
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;
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.
Has a Weapon With Him
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.
Or - Uses anything as a weapon
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.