Law Information - Assaults / Violence Offences - TAS

Aggravated burglary

Date: 09/01/2009

The Law -

Criminal Code Act 1924 - SECT 245

245. Aggravated burglary

Any person who commits burglary and –

(a) at the time he or she commits that burglary –

(i) has with him or her any offensive weapon or instrument or any explosive substance; or

(ii) the place in relation to which the burglary is committed is being used or is ordinarily used for the purposes of human habitation; or

(b) uses or offers violence to any person, deprives any person of his or her liberty or otherwise assaults any person–

(i) while committing that burglary; or

(ii) while he or she is still in or is leaving the place in relation to which the burglary was committed–   is guilty of a crime which is called aggravated burglary.

What the prosecution must prove - Aggravated burglary

(a) Burglary  (see burglary)

(b) Accused had at the time of the offence any offensive weapon or instrument or any explosive substance, or

(c) Accused used or offered violence to any person, deprived any person of his or her liberty or otherwise assaulted any person while committing that burglary or while he or she is still in or is leaving the place in relation to which the burglary was committed, or

(d) The place was being used or is ordinarily used for the purposes of human habitation

The Maximum Penalty for Aggravated burglary is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

If the crime is tried summarily the maximum term of imprisonment that a court of petty sessions may impose is –

(a) 12 months for a first offence; or

(b) 5 years for a second or subsequent offence

Possible Defences - Aggravated burglary

(a) Factual dispute

(b) Identification

(c) Lack of requisite weapon

(d) Mental Impairment

The Court process - Aggravated burglary

Magistrates Court or Supreme Court, depending upon whether summary jurisdiction is elected.