Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Burglary and Aggravated Burglary
A person will be found guilty of Burglary under section 76 of the Crimes Act 1958 if he or she enters a building as a trespasser with the intent to steal, assault or cause damage to the building or property.
The definition of “building” also includes a vehicle or vessel that is inhabited, regardless of whether or not the person lives in it is there or not.
The maximum penalty for Burglary under section 76 of the Crimes Act 1958 is 10 years imprisonment.
The Offence of Aggravated Burglary
Section 77 of the Crimes Act 1958 provides for two ways in which a person can be found guilty of Aggravated Burglary:
If he or she commits a Burglary and at the time has in his or her possession a firearm, imitation firearm, offensive weapon, explosive or imitation explosive; or
Where the offender enters the building with the knowledge that a person was present or was reckless as to whether a person was present in the building.
The maximum penalty for Aggravated Burglary under section 77 of the Crimes Act 1958 is 25 years imprisonment.
What Actons Might Constitute Burglary or Aggravated Burglary?
Examples of Burglary may include:
- Breaking into a house through the back door to steal a person’s television;
- Climbing through a window of a person’s caravan to damage the inside; or
- Entering a warehouse of a company through the roof to damage stock.
Examples of Aggravated Burglary may include:
- Breaking into a two-story home to damage a person’s television and valuables, knowing the owners are upstairs in the home; or
- Entering the building of the business from which your employment has recently been terminated to destroy the office with explosives in your possession.
What the Police Must Prove
To find you guilty of Burglary, the prosecution must prove each of the following elements beyond a reasonable doubt:
- You entered a building or part of a building
- You entered the building as a trespasser
- At the time of entering the building you intended to steal, assault or damage property.
To find you guilty of Aggravated Burglary, the prosecution must also prove each of the following elements beyond a reasonable doubt, in addition to the above elements for Burglary:
- You had in your possession a firearm, imitation firearm, an offensive weapon, explosive or imitation explosive; or
- At the time of entering the building you knew there was a person in the building or you were reckless as to whether a person was present in the building.
Possible Defences for Burglary & Aggravated Burglary
The most common ways to defend a charge of Burglary or Aggravated Burglary can include the following:
- To maintain your innocence if you did not commit the act
- To argue that you did not enter the building or part of the building
- To argue that you were not trespassing
- To argue that you did not intend to steal, assault or cause damage to the property
- To argue that you did not have in your possession a weapon, if you have been charged with Aggravated Burglary
- To argue that you were not aware that a person was present in the building
- To raise necessity, duress or self-defence as the reason for your conduct.
Which Court Will Hear Your Matter?
If you have been charged with Burglary or Aggravated Burglary and provided the amount or value of the property which has alleged to have been stolen is under $100,000, your case may be heard summarily in the Magistrates Court, provided the consent of the accused and the prosecution is obtained.
However, if the amount or value of the property exceeds $100,000, your matter will be heard in the County or Supreme Court of Victoria.
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.
WHY CHOOSE ARMSTRONG LEGAL?
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Sydney NSW 2000
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Melbourne VIC 3000
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Canberra ACT 2601
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Perth WA 6000