Theft, burglary and robbery
Aggravated burglary
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.
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.
- Statute:Theft Act 1968, s.10 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Theft Act offences ↗