Victorian Current Acts

CRIMES ACT 1958 - SECT 77

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.

    (1)     A person is guilty of aggravated burglary if he or she commits a burglary and—

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

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

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

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

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

"firearm" has the same meaning as in the Firearms Act 1996 ;

"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;

"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 him or her intends or threatens to use for such a purpose.

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.