If you have been charged with Burglary, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
For the prosecution to prove the offence of Burglary, they must prove beyond a reasonable doubt all of the elements of the offence set out in s 76 of the Crimes Act 1958 (Vic) which are as follows:
- The accused entered a building, or part of a building; and
- The accused did so as a trespasser, not having a right or permission to be there; and
- The accused entered intending to steal something in the building, or to cause damage or to assault someone in the building.
Will I have to go to court?
Charges for Burglary are often dealt with summarily in the Magistrates’ Court. However, depending on the circumstances of the offence and any other charges laid, the case may be heard in a higher court. Expert legal advice is important in ensuring the most appropriate defence to a charge of Burglary.
Once the case goes to court, it is up to the prosecution to prove all the elements of the offence. It is important that you seek expert legal advice to prepare a defence and to represent you in court as this offence carries a significant maximum sentence of imprisonment.
The maximum penalty this offence carries is 2 years imprisonment, if it is dealt with in the Magistrates’ Court, but 10 years imprisonment if dealt with in the County or Supreme Court.
What sentences are usually given?
Between 1 July 2016 to 30 June 2021, 119 people were sentenced for burglary in the higher courts, with 83% (99 people) sentence to imprisonment, with sentences imposed ranging up to 7, depending on the seriousness of the offending.
Between 1 July 2018 to 30 June 2021 the Magistrates Court dealt with 5,617 cases and imprisonment was imposed in 63% of cases, and a community corrections order in 22% of cases.
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.