222Circumstances of aggravation for burglary

222 Circumstances of aggravation for burglary (1) Each of the following is a circumstance of aggravation for an offence committed against section 221(1) if the defendant is reckless in relation to the circumstance: (a) the building is a dwelling-house and the offence is committed at night; (b) the offence is committed in company with one or more persons; (c) the defendant has possession of a firearm or any other dangerous or offensive weapon when committing the offence; (d) the building is a dwelling-house and the defendant has possession of a firearm or any other dangerous or offensive weapon when committing the offence. Criminal Code Act 1983 214 (2) The maximum penalty for an offence against section 221(1) is imprisonment for 20 years if a circumstance of aggravation in subsection (1)(a), (b) or (c) applies to the offence. (3) The maximum penalty for an offence against section 221(1) is life imprisonment if the circumstance of aggravation in subsection (1)(d) applies to the offence. (4) If the prosecution intends to prove an offence against section 221(1) with any aggravating circumstances mentioned in subsection (1), the relevant circumstance of aggravation must be contained in the charge.