Criminal

What counts as aggrivated burglary?

If a person goes to another persons house to ask why they told lies in a court (proved) a fight breaks out between the two, no serious damage to either party. Defendent pleads guilty to assault but now been charged with aggrivated burglary. Is this charge somewhat harsh considering the officer and defendent have a history.

skippy8 Thurs 19/06/08 03:56

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loonytunes
Thurs 19/06/08
07:43

It counts as aggravated burglary if the person enters the house with the intention of causing harm and has a weapon with him. If that was the case, it was not harsh at all.

Ethel
Thurs 19/06/08
10:40

Section 9(l)(a) of the Theft Act provides:

"A person is guilty of burglary if -

(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subs.(2) below."

One of the offences mentioned in subs.(2) is the offence of "stealing anything in the building or part of the building in question".

Section 10 provides:

"A person is guilty of aggravated burglary if he commits any burglary and at the time has with him ... any weapon of offence...

So, aggravated burglary requires at least the INTENT to steal - if there was no intention to steal, there was no burglary, aggravated or otherwise.

Golf38
Sun 22/06/08
00:25

The intention for burglary also includes damage and asault. The weapon of offence is WIFE.

W - Weapon of Offence (just about anything)
I - Imitation Firearm
F - Firearm
E - Explosive

The offender MUST have been in possession of the WIFE at the time the intent was formed.

awayman
Tue 24/06/08
13:34

No; happy to help

cherrypoker
Fri 27/06/08
22:30

Somebody i know has just recently been found guilty of aggravated burglary. He was having a drink with friends in their back garden. An argument broke out between my friend and another guy. The other guy went inside the house and my friend followed. They started fighting and my friend broke the other guys nose and cheekbone. He also incurred injuries himself. He was hit with a hammer across the hand and knee.
The other guy said in court that my friend forced his way into the house to assault him. This wasn't actually proven to be true and yet he's been sentenced to 4 years.
My advice? STOP DRINKING!!!

Golf38
Sat 28/06/08
20:23

What weapon did your friend have - on the account you give it just sounds like a normal burglary. ALTHOUGH, with the injuries caused I would have thought a charge of S18 or 20 wounding would have been preferred rather than a theft act offence.

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