Where a defendant holding a weapon did not himself enter the property, the proper charge is burglary and not aggravated burglary. The weapon must be carried by the offender at time of effecting entry to be committing aggravated burglary; having left it outside is not enough.
Citations:
Gazette 08-Jan-1998, Times 17-Dec-1997, [1997] EWCA Crim 3072
Links:
Statutes:
Jurisdiction:
England and Wales
Crime
Updated: 11 October 2022; Ref: scu.152527
