s. 77 77 Aggravated burglary S. 77 substituted by No. 8425 s. 2(1)(b). (1) A person is guilty of aggravated burglary if he or S. 77(1) amended by she commits a burglary and— Nos 9008 s. 2(1) (a) at the time has with him or her any firearm (Sch. item 2(a)), or imitation firearm, any offensive weapon 9048 s. 4(a)(b), or any explosive or imitation explosive; or 9323 s. 2(b), 66/1996 (b) at the time of entering the building or the s. 201(2), substituted by part of the building a person was then No. 48/1997 present in the building or part of the building s. 54. 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) (1A) For the purposes of subsection (1)— inserted by No. 48/1997 means any article manufactured for the explosive s. 54. purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose; has the same meaning as in the Firearms firearm Act 1996; means any article which might imitation explosive reasonably be taken to be or to contain an explosive; means anything which has the imitation firearm appearance of being a firearm, whether capable of being discharged or not; means any article made or offensive weapon 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 substituted by No. 8425 s. 2(1)(b). 77 Aggravated burglary s. 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.