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s76 Burglary

Have you been charged with Burglary?

If so, you will need to speak with an experienced criminal lawyer. There may be defences available to you which you are unaware of should the matter proceed to court.

Can the prosecution establish all elements of the charge? Did you actually enter the building or part of it in question? Did you believe you had permission to enter the building? Did you enter the building with the intent to steal property from, assault someone in or damage the building?

You will need to discuss these issues with your lawyer prior to telling a court how you intend to plead to this charge.

See below for further information on Burglary.

The offence

Section 76 of the Crimes Act 1958.

The prosecution must prove:

  1. The defendant entered part of a building;

  2. The defendant did so as a trespasser; and

  3. That when entering the relevant part of the building, the defendant intended to steal, commit assault or damage the building.

The maximum penalty

Level 5 imprisonment being a maximum of 10 years.

Where will my case be heard?

A charge of burglary with intent to steal can be heard in the Magistrates court. However, if the value of the property exceeds $100,000 it will be heard in the County or Supreme Court.

A charge of burglary with intent to assault or cause damage to the building must be heard in the County or Supreme Court, most likely the County Court.

What to do next

Burglary is a serious offence and if proven can result in heavy penalties, including imprisonment. If you have been charged with burglary you should arrange an appointment with one of our experienced criminal lawyers to ensure you receive the best defence possible.

The legislation

Section 76 Burglary

(1) A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent—

(a) to steal anything in the building or part in question; or

(b) to commit an offence—

(i) involving an assault to a person in the building or part in question; or

(ii) involving any damage to the building or to property in the building or part in question—

which is punishable with imprisonment for a term of five years or more.

(2) References in subsection (1) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.

(3) A person guilty of burglary is guilty of an indictable offence and liable to level 5 imprisonment (10 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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Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.

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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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Dribbin & Brown

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