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Aggravated burglary
Aggravated burglary
What the Law states - Aggravated burglary
Crimes Act 1958 - SECT 77
Aggravated burglary77. Aggravated burglary
(1) A person is guilty of aggravated burglary if he or she commits a burglary and-
(a) at the time has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or
(b) at the time of entering the building or the part of the building a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present.
(1A) For the purposes of subsection (1)-
explosive means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose;
firearm has the same meaning as in the Firearms Act 1996;
imitation explosive means any article which might reasonably be taken to be or to contain an explosive;
imitation firearm means anything which has the appearance of being a firearm, whether capable of being discharged or not;
offensive weapon means any article made or adapted for use for causing injury to or incapacitating a person, or which the person having it with him or her intends or threatens to use for such a purpose.
(2) A person guilty of aggravated burglary is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).
Maximum Penalty in Victoria
25 years
What the Prosecution must prove - Aggravated burglary - Vic
1. Burglary (see burglary)
2. Accused had at the time of the offence
3. a firearm or imitation firearm, an offensive weapon or an explosive or imitation explosive;
or
1. Burglary
2. Person present at the time
3. Accused knew they were there or was reckless as to whether person present
Street names for Aggravated burglary
Burglary with intent to assault, burglary whilst armed, burglary whilst occupier home
Possible Defences - Aggravated burglary
Factual dispute
Identification
Lack of requisite weapon
Not reckless as to person being present
Which court will hear the charge of Aggravated burglary
County Court for first type. Possible Magistrates Court for second type.
