Aggravated Burglary in UK Law

Let us assume that there is only one weapon and that that weapon is with the person on the outside. That person commits a burglary (the words used in section 10) if he is aiding and abetting the burglary being committed by the person effecting entry. A strict interpretation of section 10 would therefore lead to the conclusion that both could be convicted of aggravated burglary. Although there are certain academic attractions in the strict interpretation, we prefer a purposive approach.

He came to the UK with his mother and siblings in 1991 when he was aged six. He obtained indefinite leave to remain in the UK in 2001 when he was 16. His mother and siblings have obtained British nationality, but YM has not. On 11 November 2004 YM was warned in a letter from the Secretary of State for the Home Department ("SSHD") that a serious view was taken of the aggravated burglary offence and that YM was at risk of being deported if he should "come to adverse notice in the future".

(1)The affront to any coherent system of justice which must necessarily arise if there subsist two final but inconsistent decisions of courts of competent jurisdiction. Such would, we think, be the case here if there were a subsisting Crown Court decision that Mr Smith was, beyond reasonable doubt, guilty of aggravated burglary and a subsisting civil court decision that if his defence had been properly prepared he would and should have been acquitted.

(a) The Crown is required to prove the ingredients which constitute the actus reus of the crime. Although different language is used to describe this concept, for present purposes, we respectfully adopt the suggestion in Smith & Hogan, Criminal Law, 8th Edition, at page 28, that it must be shown that the defendant:

Reaching the age of 18 has many legal consequences, but it does not present a cliff edge for the purposes of sentencing. com/child-adolescent; 17 January 2018) is that young people continue to mature, albeit at different rates, for some time beyond their 18 th birthdays. The youth and maturity of an offender will be factors that inform any sentencing decision, even if an offender has passed his or her 18 th birthday.

We wish to stress that attacks on elderly people in their own homes are particularly despicable and will be regarded by the court as deserving of severe punishment. Elderly victims living alone are vulnerable, not only because of the lack of assistance but also because of their own weakness and isolation. Any attack on such a person is cowardly and can only be expected to be visited with a very severe punishment indeed.

It involves there being a continued connection to life in that country; something that ties a claimant to his or her country of origin. If this were not the case then it would appear that a person's nationality of the country of proposed deportation could of itself lead to a failure to meet the requirements of the rule.