Burglary And Aggravated Burglary
We can advise you of defences available and utilise techniques to manage your case through the Court process.
Section 76 of the Crimes Act provides that a person commits burglary if s/he enters a building or part of a building, as a trespasser with the intention to steal, damage property or assault. The maximum penalty is 10 years imprisonment.
Aggravated burglary is burglary committed with an aggravating element. The aggravating feature is either that at the time of entering the building or part of the building:
- The person has any firearm, imitation firearm, weapon, explosive or imitation explosive; or
- The person knew or should have known that someone was present
The maximum penalty for aggravated burglary is 25 years imprisonment.
To be found guilty of burglary or aggravated burglary, the prosecution must prove that:
- The accused entered the building or part of a building. “Entry” and “building or part thereof” are matters of fact which can be argued on behalf of an accused,
- The accused entered as a trespasser i.e. without permission or licence, and
- At the time, the accused held the requisite intention i.e. to steal, damage or assault.
For aggravated burglary, the prosecution must also prove the aggravating feature i.e. the presence of a weapon etc…
Last year, the Director of Public Prosecutions in Victoria reignited the call for harsher sentences for the offence of aggravated burglary. The Director is often now serving notice to accused persons that the State will challenge current sentencing practices, which in the Director’s view, are too lenient.
Having regard to the current climate, it becomes more important that anyone accused of this offending obtains experienced and expert representation. At Lewenberg & Lewenberg, we understand the offence, can advise you of defences available and utilise techniques to manage your case through the Court process.