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R v Stones [1989] 1WLR 156

The defendant was caught by the police during the course of committing a burglary. He had a knife on him at the time and was charged and convicted of aggravated burglary. He appealed contending that he had no intention to use the knife in the burglary and was only carrying it as the lads from Blyth were after him.

Held:

Conviction upheld. Possession of the weapon at the time of the burglary is all that is required for aggravated burglary. There is no mens rea required as to the possession.
 
Back to lecture outline on The Law of Burglary