Have you been charged with Aggravated Burglary – Assault?
If so, you need to enlist the services of a law firm that specialises in criminal law.
Aggravated Burglary is an extremely serious charge. There are several things to consider when you have been charged with this offence.
Did you enter a building as a trespasser? Did you intend to steal something from the building? Did you intend to cause injury to a person or damage to the building in the process? Were you carrying a weapon of any kind?
These are just some of the questions you will need to discuss in detail with an experienced criminal lawyer prior to appearing before a court. You should be aware that the maximum penalty, if found guilty of this charge, is 25 years imprisonment. Please see below for further details on Aggravated Burglary.
Section 77 of the Crimes Act 1958, Aggravated Burglary.
The prosecution must prove:
The defendant entered a building or part of a building;
At the time of entering the building the defendant entered as a trespasser;
At the time of entering the defendant intended—
To steal something in the building or part of the building in question; or
To commit an offence which involved either an assault on a person in the building or part of the building or involved damage to the building or involved damage to property in the building or part in question; and
The defendant had with him or her at the time of the offence a firearm or imitation firearm, an offensive weapon or an explosive or imitation explosive; or
At the time the defendant entered the building or the part of the building there was a person present in the building or part of the building and the defendant knew that a person was so present or was reckless as to whether or not a person was so present.
Where will my case be heard?
This depends on how the charge is framed. As of January 2012 the legislation changed. In relation to aggravated burglary and burglary charges, the act makes reference to how the charge is framed. If the charged is framed with an intent to steal and the amount is under $100 000 then the matter can be heard in the Magistrates Court. If the charge is framed with an intent to cause damage or intent to assault, both potential elements of this charge, then the matter must be heard in the County Court or Supreme Court. Usually it will be the County Court.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence? Due to the seriousness of this offence, you should consult an experienced criminal lawyer before proceeding further.
What to do next?
See a specialised criminal lawyer urgently.
Adequate time for preparation in relation to any legal matter is critical. Don’t leave it to the last minute.
If you have been charged with Aggravated Burglary make an appointment to see us today
77. Aggravated burglary
(1) 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.
(1A) For the purposes of sub-section (1)—
“explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose;
“firearm” has the same meaning as in the Firearms Act 1996;
“imitation explosive” means any article which might reasonably be taken to be or to contain an explosive;
“imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not;
“offensive weapon” means any article made or adapted for use for causing injury to or incapacitating a person, or which the person having it with him or her intends or threatens to use for such a purpose.
(2) A person guilty of aggravated burglary is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).