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s77 Aggravated Burglary

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:

  1. The defendant entered the building;

  1. The defendant did so as a trespasser;

  1. When he/she entered the building, the defendant intended to either steal from, assault someone in or damage the building; and

  1. 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).

Theft Charges

Criminal Code Act 1984

s131.1 Theft (Commonwealth)

Crimes Act 1958

s74 Theft

s76 Burglary

s77 Aggravated Burglary

s91 Going Equipped for Stealing

Summary Offences Act

s49D Possessing Housebreaking Implements

s49E Escaping from Lawful Custody

s53 Making False Reports to Police etc.

Case Studies

Armed Robbery Defense Frankston Children’s Court

Aggravated Burglary Charges Frankston

Bail – Aggravated Burglary

Charges of Burglary & Theft

Theft and Fraud Diversion

Diversion For Theft

Breach Suspended Sentence

Burglary Dandenong

Theft Case Example

Dishonesty Offences

Aggravated Burglary Case Study

Drug Court Dandenong

Theft from Employer Frankston

Theft from Employer

Appeal – Burglary

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

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