Criminal Justice (Theft and Fraud Offences) Act 2001
13.—(1) A person is guilty of aggravated burglary if he or she commits any burglary and at the time has with him or her any firearm or imitation firearm, any weapon of offence or any explosive.
(2) In 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;
(a) a lethal firearm or other lethal weapon of any description from which any shot, bullet or other missile can be discharged,
(b) an air gun (which expression includes an air rifle and an air pistol) or any other weapon incorporating a barrel from which metal or other slugs can be discharged,
(c) a crossbow,
(d) any type of stun gun or other weapon for causing any shock or other disablement to a person by means of electricity or any other kind of energy emission;
“imitation firearm” means anything which is not a firearm but has the appearance of being one;
“weapon of offence” means:
(a) any article which has a blade or sharp point,
(b) any other article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him or her for such use or for threatening such use,
(c) any weapon of whatever description designed for the discharge of any noxious liquid, noxious gas or other noxious thing.
(3) A person guilty of aggravated burglary is liable on conviction on indictment to imprisonment for life.
Offence under section may be re-tried with court approval as provided (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 15-18 and sch. para. 21, S.I. No. 414 of 2010.
Offence under section may merit minimum sentence under certain condititions as provided (18.05.2007) by Criminal Justice Act 2007 (22/2007), s. 25 and sch. 2 para. 7, S.I. No. 236 of 2007.
Certain persons convicted under section may be made subject of a monitoring order or protection of person order as provided (18.05.2007) by Criminal Justice Act 2007 (22/2007), s. 26(1) and sch. 2 para. 7, S.I. No. 236 of 2007.