Section 132.5 Criminal Code Act | Aggravated Burglary


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The Legislation

Section 132.5 of the Criminal Code Act 1995 (Cth) is Aggravated Burglary and is extracted below.

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132.5  Aggravated burglary

(1)  A person is guilty of an offence if the person:

(a)  commits a burglary in company with one or more other persons; or

(b)  commits a burglary, and at the time of the burglary, has an offensive weapon with him or her.

Penalty:  Imprisonment for 17 years.

(2)  For the purposes of this Code, an offence against subsection (1) is to be known as the offence of aggravated burglary.

(3)  In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(1), it is not necessary to prove that the defendant knew that the property concerned belonged to a Commonwealth entity.

(4)  In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(3), it is not necessary to prove that:

(a)  the defendant knew that the offence referred to in paragraph 132.4(3)(a) is an offence against a law of the Commonwealth; or

(b)  the defendant knew that the offence referred to in paragraph 132.4(3)(a) is punishable by imprisonment for life or for a term of 5 years or more.

(5)  In a prosecution for an offence against subsection (1) in relation to the offence of burglary created by subsection 132.4(6), it is not necessary to prove that:

(a)  the defendant knew that the offence referred to in paragraph 132.4(6)(a) is an offence against a law of the Commonwealth, a State or a Territory; or

(b)  the defendant knew that the offence referred to in paragraph 132.4(6)(a) is punishable by imprisonment for life or for a term of 5 years or more; or

(c)  the defendant knew that the building was owned or occupied by a Commonwealth entity.

(6)  In this section:

offensive weapon includes:

(a)  an article made or adapted for use for causing injury to, or incapacitating, a person; or

(b)  an article where the person who has the article intends, or threatens to use, the article to cause injury to, or to incapacitate, another person.