Have you been Charged with Burglary?
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What does it mean to be charged with Burglary?
Being charged with burglary under Section 76 of the Crimes Act 1958 (“CA”) means that you are accused of unlawfully entering a building (or part of a building) as a trespasser with the intent to commit a crime inside. The crime could involve theft, assault, or causing damage to property.
What is the difference between Theft, Robbery and Burglary?
Theft:
Theft is the unlawful taking of someone else’s property with the intent to permanently deprive the owner of it.
- Key Elements:
- The person takes property belonging to another.
- The person does so dishonestly.
- The person intends to permanently deprive the owner of the property.
Example: Taking a wallet from someone’s pocket while threatening them with violence or by physically overpowering them.
Robbery:
Robbery occurs when a person uses or threatens to use force against another while committing a theft.
- Key Elements:
- Theft: There must be an unlawful taking of property.
- Use or Threat of Force: The force or threat must occur immediately before or during the theft.
- The force must be used in order to steal.
Example: Taking a wallet from someone’s pocket while threatening them with violence or by physically overpowering them.
Burglary:
Burglary involves entering a building (or part of a building) as a trespasser, with the intent to commit theft, an assault, or damage property inside the building.
- Key Elements:
- Entry as a Trespasser: The person enters a building without permission.
- Intent: At the time of entry, the person has the intention to steal, assault someone, or cause property damage.
Example: Breaking into a house with the intention of stealing valuables or vandalising the property.
Summary of Key Differences:
- Theft: Involves taking someone else’s property without consent, but no force or breaking-in is involved.
- Robbery: A theft that involves force or the threat of force against another person.
- Burglary: Entering a property as a trespasser with the intent to steal, assault, or damage property.
What must the prosecution prove for Burglary:
- You entered a building, part of a building, or an inhabited vehicle or vessel without permission or legal right.
- At the time of entry, you had the intent to either:
- Steal something from the building or
- Commit an offence inside, such as:
- Assaulting a person in the building.
- Damaging the building or any property inside
Trespassing and Burglary
To commit burglary, the person must enter the premises as a trespasser, meaning they did not have permission to enter the building. If they had consent to enter but then committed a crime, it would not meet the criteria for burglary.
Inhabited Vehicles or Vessels
The term “building” under Section 76(2) also applies to inhabited vehicles (such as caravans) or vessels (such as boats). Even if the person inhabiting the vehicle or vessel is not present at the time, it is still considered a building for the purpose of the burglary charge.
Penalties for Burglary
Burglary is an indictable offence, meaning it is a serious crime that carries a maximum penalty of 10 years of imprisonment (level 5 imprisonment).
Where will my case be heard?
A charge of burglary with intent to steal can be heard in the Magistrates court. However, depending on the severity, it may also be heard in the County Court or Supreme Court.
Factors and Defences to consider:
- Did you intend to steal, assault or damage property at the time you entered the building or structure?
- Did you enter without permission? or
- Did you have authorisation/consent to enter?
- Do you have any prior convictions of a similar nature?
- Did you act alone or with another person/s?
- Do you have any mental health conditions or cognitive impairments?
- What were the surrounding circumstances of your offence?
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What happens next?
If you have been charged with burglary, it is crucial to seek expert legal advice without delay. The professionals at MK Law specialise in theft-related offences and are committed to providing the best possible support for your case. With extensive experience in navigating complex criminal matters, MK Law will guide you through every step of the legal process, including attending police interviews, preparing for court appearances, and explaining potential outcomes and strategies.
You’ll be asked to provide all relevant information, documents, and any evidence to ensure that a strong defence is built on your behalf. With MK Law’s personalised approach, you’ll receive practical, clear advice aimed at achieving the best possible outcome for your unique situation. Call 1800 130 120 today to receive confidential, expert support that will help you confidently navigate this challenging time.
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