Aggravated Burglary

An offence of Aggravated Burglary is where a person enters or remains in a building as a trespasser with intent to commit theft, or cause harm, or cause damage to property in circumstances of aggravation. 

It carries a maximum penalty of a $320,000 fine, 20 years’ imprisonment, or both. 

What is Aggravated Burglary?

A burglary is ‘aggravated’ if a person is found to have been in company with one or more other persons or an offensive weapon is involved. This offence is contained in section 312 of the Criminal Code 2002 (ACT). 

The following acts constitute Aggravated Burglary:

• Forcefully entering a building that you do not have permission to access in the company of another person and stealing things; or 
• Breaking into a person’s home with a knife, without permission, and threatening to stab them.

What Must Be Proven

For a person to be found guilty of Aggravated Burglary the prosecution must prove each of the following matters beyond a reasonable doubt: 

• You committed the theft of property from premises; and
• When committing the theft you committed another offence involving violence or property damage; and 
• The offence you committed carried a maximum penalty of 5 years’ imprisonment, or longer;  and 
• You were in company with one or more persons; OR 
• You used an offensive weapon. 

If the prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the Supreme Court. The matter will still start in the Magistrates Court and will then eventually be Committed to the Supreme Court.

Possible Defences to Aggravated Burglary

The following defences may be available for an Aggravated Burglary charge:

• You did not enter the building as a trespasser;
• You did not intend to steal anything;
• You did not intend to cause property damage or engage in violence;
• You were the lawful owner of the property alleged to have been stolen or damaged; 
• You were acting under duress. 

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In the ACT, a court can impose any of the following penalties for an Aggravated Burglary charge:

• Gaol sentence;
• Intensive Corrections Order (ICO); 
• Suspended Sentence; 
• Good Behaviour Order; 
• Fine;
• Non-conviction with Good Behaviour Order; or
• Non-conviction dismissal 

The consequences of a conviction can be serious depending on what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Aggravated Burglary might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence can completely rule out certain career paths such as teaching, and a range of government employment options. Violent offences may also result in sentences that include imprisonment, even where an individual has no previous convictions. 

Will I go to Gaol?

If you are found guilty of this offence, it is highly likely that you will be sentenced to a term of full-time imprisonment, even if you have no prior criminal history. It depends on a range of facts, including your criminal history, the nature and circumstances of the offence, your subjective circumstances, among other things. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.