Aggravated
burglary.
1968. *. 60. 1. 10.
Removal of
articles from places open to the public.
1968, c. 50. 11. 11.
(b) having entered any building or part of a building as a mrespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. (2) The offences referred to in paragraph (a) of subsection (1) are-
(a) stealing anything in the building or part of a building in
question:
(b) inflicting on any person therein any grievous bodily harm
or raping any woman therein; and
(c) doing unlawful damage to the building or anything
therein.
(3) References in subsections (1) and (2) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.
(4) Any person who commits burglary shall be guilty of an offence and shall be liable on conviction upon indictment to im- prisonment for fourteen years.
12. (1) A person commits aggravated burglary if he com mits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive.
(2) For the purposes of subsection (1)—–—– "firearm" includes an airgun or air pistol:
"imitation firearm" means anything which has the appearance of being a firearm, whether capable of being discharged or not; "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; “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.
(3) Any person who commits aggravated burglary shall be guilty of an offence and shall be liable on conviction upon indict- ment to imprisonment for life.
13. (1) Subject to subsections (3) and (4), where the public have access to a building in order to view the building or part of it or a collection housed in it, any person who without lawful authority removes from the building or its grounds the whole or
7
part of any article displayed or kept for display to the public in the building or that part of it or in its grounds, shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for five years.
(2) For the purposes of subsection (1)—
"collection" includes a collection got together for a temporary purpose, but references in this section to a collection do not apply to a collection made or exhibited for the purpose of effecting sales or other commercial dealings.
(3) It is immaterial for the purposes of subsection (1) that the public's access to a building is limited to a particular period or particular occasion; but where anything removed from a build- ing or its grounds is there otherwise than as forming part of, or being on loan for exhibition with, a collection intended for permanent exhibition to the public, the person removing it does not thereby commit an offence under this section unless he removes it on a day when the public have access to the building as men- tioned in subsection (1),
(4) A person does not commit an offence under this section if he believes that he has lawful authority for the removal of the thing in question or that he would have it if the person entitled to give it knew of the removal and the circumstances of it.
14. (1) Subject to subsections (2) and (3), any person who, without having the consent of the owner or other lawful authority, takes any conveyance for his own or another's use, or knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried on or in it, shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for three years.
(2) Subsection (1) shall not apply in relation to pedal cycles or rickshaws, but, subject to subsection (3), any person who, with- out having the consent of the owner or other lawful authority, takes a pedal cycle or rickshaw for his own or another's use, of rides a pedal cycle or rickshaw knowing it to have been taken without such authority, shall be guilty of an offence and shall be liable on conviction to a fine of five hundred dollars.
(3) A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner's consent if the owner knew of his doing it and the circumstances of it.
(4) For the purposes of this section-
"conveyance" means any conveyance constructed or adapted for the carriage of a person whether by land, water or air, except
Taking convey- ance without authority.
1949. c. 60, #. 13,