Join WhatsApp group

Aggravated burglary

Theft, burglary and robbery — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Theft, burglary and robbery

Aggravated burglary

Theft Act 1968, s.10

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Commit burglary and at the time have with them a firearm, imitation firearm, weapon of offence, or explosive (Theft Act 1968, s.10).

Mens rea

  • Mens rea for burglary plus knowledge of possession of the aggravating article.

Verified case law

  • R v Walkington[1979] 1 WLR 1169

    Entering a part of a building beyond permitted areas can be entry as a trespasser if the defendant knew or was reckless.

  • R v Collins[1973] QB 100

    Entry as a trespasser requires knowledge or recklessness as to lack of permission; mistaken belief in consent may negate trespass.

Defences

No burglary · Article not a weapon of offence / firearm · No knowledge of the article · Deny presence

Sentencing Council

Sentencing Council guideline effective 1 July 2022. Offence range: 1–13 years' custody.

View definitive guideline ↗

At the police station

Weapon definition is critical — household tools can be weapons of offence if intended to cause injury. Photograph/describe the item carefully.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Theft, burglary and robbery

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.