77Aggravated burglary

77 Aggravated burglary

S. 77(1) amended by Nos 9008
s. 2(1)
(Sch. item 2(a)), 9048 s. 4(a)(b), 9323 s. 2(b), 66/1996 s. 201(2), substituted by No. 48/1997
s. 54, amended by No. 52/2025 s. 6(2)(a).

(1) A person is guilty of aggravated burglary if the person commits a burglary and—

S. 77(1)(a) amended by No. 52/2025 s. 6(2)(b).

(a) at the time has with them any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or

S. 77(1)(b) amended by No. 52/2025 ss 4(1), 6(2)(c).

(b) at the time of entering the building or the part of the building another person was then present in the building or part of the building and the person knew that another person was then so present or was reckless as to whether or not another person was then so present; or

S. 77(1)(c) inserted by No. 52/2025 s. 4(2).

(c) used a vehicle to cause damage to the building, or to part of the building, for the purpose of gaining entry to the building or the part of the building.

S. 77(1A) inserted by No. 48/1997
s. 54.

(1A) For the purposes of subsection (1)—

S. 77(1A) def. of explosive amended by No. 52/2025 s. 6(3).

explosive means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with them for that purpose;

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;

S. 77(1A) def. of offensive weapon amended by No. 52/2025 ss 4(3), 6(3).

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 them intends or threatens to use for such a purpose;

S. 77(1A) def. of vehicle inserted by No. 52/2025 s. 4(4).

vehicle has the same meaning as in section 79.

S. 77(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
(Sch. 2 item 31), 48/1997
s. 60(1)(Sch. 1 item 56).

(2) A person guilty of aggravated burglary is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).

S. 77A inserted by No. 50/2016 s. 3.