A person is guilty of aggravated burglary if he or she commits a burglary and
- at the time has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or
- 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.
For the purposes of above
- 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.
A person who is found guilty of aggravated burglary is guilty of an indictable offence.
Penalty: Level 2 imprisonment (25 years maximum).