⇒ Section 10 of the Theft Act 1968 states:

1. A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive; and for this purpose -

1. "firearm" includes an airgun or air pistol, and "imitation firearm" means anything which has the appearance of being a firearm, whether capable of being discharged or not; and
2. "weapon of offence" means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and
3. "explosive" means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.

⇒ Aggravated burglary involves a defendant who has with him or her at the time of the burglary a firearm, imitation firearm, a weapon of offence, or explosive.

⇒ If the burglary is under section 9(1)(a) of the Theft Act the it must be show that the defendant had the weapon at the time of entry; under section 9(1)(b) of the Theft Act it must be shown that the defendant had the weapon at the tim of committing the further offence.

• In other words, the defendant must possess the weapon at the time when the offence of burglary is committed.

⇒ There is no need to sho that the defendant intended to use the item at that particular burglary, as long as there was an intention to use the item against someone on some occassion.

⇒ However, it must be shown that the defendant was aware that he or she had the weapon with him or her at the time of the burglary.