Burglary

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Sec 9(1a) Burglary

Burglary with intent:

"Any person who enters a building or part of a building as a tresspasser with intent to: steal anything in the building or part of the building or inflicts grievous bodily harm on person therein or commits unlawful damage to the building or anything therein shall be guilty of the offence."

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Sec 9(1)b Burglary

Burglary without intent:

"Any person having entered a building or part of a building as a tresspasser and then steals or attempts to steal anything therein or inflicts or attempts to inflicts grievous bodily harm on any person therein, shall be guilty of the offence."

If intention cannot be proved, arrest for 9(1)b

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Building

A structure of a permanent nature (including inhabited vehicles or vessels).

Does not include tents and marquees, or vehicle and vessels which were not inhabited at the time of the burglary.

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Aggravated Burglary

Any person who commits burglary and at the time he has with him:

  • Any firearm or imitation firearm
  • Weapon of offence
  • Any explosive

Shall be guilty of Sec 10 Theft Act 1968

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WIFE

A person is guilty of aggravated burglary if he enters a building, or part of a building with his WIFE:

  • Weapon of offence
  • Imitation firearm
  • Firearm
  • Explosive
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Firearm and Imitation Firearm

The definition of a firearm includes any gun or pistol (including an air gun or pistol).

The definition of an imitation firearm means anything that has the appearance of being a firearm whether it has the capacity of being discharged or not.

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Weapon of Offence

The definition of a weapon of offence includes anything made or adapted for causing injury or incapacitating a person, and is intented by the person having it for that purpose.

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Explosives

Any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it for that purpose.

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