Victorian Consolidated Legislation

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).