Any person who commits burglary and –

(a) at the time he or she commits that burglary –

(i) has with him or her any offensive weapon or instrument or any explosive substance; or

(ii) .  .  .  .  .  .  .  .  

(iii) the place in relation to which the burglary is committed is being used or is ordinarily used for the purposes of human habitation; or

(b) uses or offers violence to any person, deprives any person of his or her liberty or otherwise assaults any person–

(i) while committing that burglary; or

(ii) while he or she is still in or is leaving the place in relation to which the burglary was committed–

is guilty of a crime which is called aggravated burglary.

Charge:  Aggravated burglary.