Aggravated Burglary - While committing burglary Flashcards Preview

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Flashcards in Aggravated Burglary - While committing burglary Deck (10):
1

Section

Sec 232 (1)(a) Crimes Act 1961

2

Penalty

14 years

3

Ingredients

1) While committing burglary
2) Has a weapon with him
or
Uses anything as a weapon

4

While Committing

The accused must be in the process of committing burglary.

5

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.

6

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.

7

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.

8

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.

9

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.

10

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.