Criminal Code Act 1995
Section 3
CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT Part 7.2 - Theft and other property offences Division 132 - Other property offences SECTION 132.5 Aggravated burglary (1)A person commits 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:
(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.
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