How carrying a weapon, firearm or explosive transforms an ordinary burglary into aggravated burglary, an offence carrying a maximum sentence of life imprisonment.
Everything turns on what the defendant was carrying and when. This chapter sets out the elements the prosecution must prove and the sentence at stake, then examines the four categories of prohibited article, including the three routes by which something counts as a weapon of offence and whether everyday items like rope or duct tape can qualify. It explains what having the article 'with him' requires, and why the relevant time differs depending on whether the burglary is charged under s 9(1)(a) or s 9(1)(b). It closes with the mens rea — including whether the defendant must know the article is with them — and the circumstances in which a co-defendant can be liable as a secondary party.
