Have you been charged with Aggravated Burglary?
If so, there may be a number of defences to the charge that can be raised by a criminal lawyer on your behalf.
Can the prosecution make out the elements of the offence? Did you enter the building in question? Did you have permission to be there? Was the alleged weapon for the purpose of the burglary? Did you enter the building with the intent to steal or assault? Were you aware there was someone inside the building?
These factors may be relevant to your particular charge, and with the aid of expert legal representation may make an effective defence to the charge of Aggravated Burglary.
The offence
Section 77 of the Crimes Act 1958.
The prosecution must prove:
The defendant entered the building;
The defendant did so as a trespasser;
When he/she entered the building, the defendant intended to either steal from, assault someone in or damage the building; and
The defendant entered the building in aggravating circumstances, either in possession of a weapon or by entering a building while another person was inside.
The maximum penalty
Level 2 imprisonment being a maximum of 25 years.
Where will my case be heard?
Charges of aggravated burglary will usually be heard in the County or Supreme Court, except in cases where the intent to steal was for property with a total value under $100,000 in which case it may be heard in the Magistrates Court. Charges of Aggravated Burglary with intent to cause damage to a building or assault must be heard in the County or Supreme Court.
What to do next?
Aggravated Burglary carries the potential for serious penalties, including imprisonment, so to ensure the best possible outcome make an appointment with one of our expert criminal lawyers today to discuss your options.
The legislation
Section 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 subsection (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).
