Aggravated burglary

(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, or any weapon of offence, or any explosive and for this purpose– (a) “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 (b) “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 (c) “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. (2) A person guilty of aggravated burglary shall be punished as follows– (a) on conviction on indictment, to a term of imprisonment which shall not be less than ten years but which may extend to imprisonment for life; (b) on summary conviction, to a term of imprisonment which shall not be less than ten years but which may extend to fifteen years, 109 provided that (whether the case is tried summarily or on indictment) the court may, in the case of a first time offender who has no previous conviction for any offence involving dishonesty or violence, refrain from imposing the minimum mandatory sentence prescribed above if there be special extenuating circumstances which the court shall record in writing, and in lieu thereof, pass such other sentence (whether custodial or non-custodial) as the court shall deem just having regard to the prevalence of the crime and other relevant factors. (3) The offence of aggravated burglary may be tried summarily without the consent of the accused at the discretion of the Director of Public Prosecutions. CAP. 98. (4) The provisions of this section shall have effect notwithstanding anything to the contrary contained in the Summary Jurisdiction (Offences) Act.