A person is guilty of aggravated burglary if he or she commits a burglary and—

(a)     at the time has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or

(b)     at the time of entering the building or the part of the building, a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present.

See s77 Crimes Act