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Aggravated Burglary

Assaults / Violence Offences – VIC

Welcome to the VIC Aggravated Burglary page. Here you will learn about the criminal offence Aggravated Burglary according to VIC law.

What the Law States according to VIC Law for Aggravated Burglary

Crimes Act 1958 – SECT 77
Aggravated burglary

77. 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 – Aggravated burglary

25 years

What the Police must prove – Aggravated burglary

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

(a) Factual dispute
(b) Identification
(c) Lack of requisite weapon
(d) Not reckless as to person being present

Which court will hear the matter

County Court for first type. Possible Magistrates Court for second type.

Further law information can be found on Melbourne Criminal Lawyers site (click here).

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