Aggravated Burglary


In the ACT, a court can impose any of the following penalties for this charge:

The Offence of Aggravated Burglary:

A burglary is defined at Section 312 of the Criminal Code as being “aggravated” if the offender is found to have been in company with one or more other persons or if an offensive weapon is involved.

The Criminal Code defines an offensive weapon to include the following:

  • Anything made or adapted for use for causing injury to or incapacitating a person;
  • Anything that a person has with the intention of using, or threatening to use, to cause injury to or incapacitate someone else;
  • A firearm, or anything that may reasonably be taken in the circumstances to be a firearm;
  • A knife, or anything that may reasonably be taken in the circumstances to be a knife;
  • An explosive, or anything that may reasonably be taken in the circumstances to be or contain an explosive.

The maximum penalty for aggravated burglary is a fine of 2000 penalty units and/or 20 years’ imprisonment.

What the Police Must Prove:

  • That you remained on premises, and.
  • That you had the intent of
    • Committing theft of any property from those premises, or
    • Committing another offence involving violence or property damage, or
    • Committing any offence carrying a maximum penalty of five years’ imprisonment or longer, and
    • That you were in company with one or more other persons, or
  • If an offensive weapon was involved.

Possible Defences to Aggravated Burglary:

The common ways to defend this charge are:

  • To maintain your innocence if you did not commit the act;
  • To argue that you did not enter the house or premises;
  • To argue that you did not intend to steal anything.
  • To argue you did not intend to commit violence or property damage.
  • To argue you did not intend to commit any other “serious offence” (any offence carrying a maximum penalty of five years’ imprisonment or longer).
  • To raise necessity or duress as the reason for your conduct.
  • To argue you were not in company.
  • To argue that an item alleged to be an offensive weapon was not an offensive weapon.

Which Court Will Hear Your Matter?

As the maximum penalty for aggravated burglary is 20 years’ imprisonment, it is a strictly indictable matter and has to be heard in the ACT Supreme Court.

 

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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