Criminal Law

Burglary Offences

What The Law Says:

The Criminal Code in WA says that if you enter or remain in the place of another person, without that other person’s consent and do so with an intention to commit an offence in that place you will be guilty of a crime.

It also says that if you enter or remain in the place of another person, without that other person’s consent and while doing so commit an offence you will be guilty of a crime.

What The Prosecution Must Prove:

Where the charge involves the accused being in or entering the place without consent and while doing so intending to commit an offence the Prosecution must prove:

  1. That the accused entered or was in that place of another person;
  2. That the accused did not have the consent of the person to be there;
  3. That the accused had formed an intention to commit an offence either upon entry or when in the place.

Where the charge involves the accused being in or entering the place without consent and while doing so actually committing an offence the Prosecution must prove:

  1. That the accused entered or was in that place of another person;
  2. That the accused did not have the consent of the person to be there;
  3. That the accused actually committed an offence while in the place.

The offence of Burglary becomes more serious when it is committed in circumstances of aggravation. Where circumstances of aggravation are alleged and proven the penalties become more severe. Circumstances of aggravation include situations where the offender:

  1. Is or pretends to be armed with a dangerous or offensive weapon;
  2. Is or pretends to be in possession of an explosive substance;
  3. Is there a company of another person or persons;
  4. Does bodily harm to any person;
  5. Threatens to kill or injure any person;
  6. Detains any person; or
  7. Immediately before the offence knew or ought to know that there were other people in that place (other than any co-offenders).

Which Court Is My Charge Likely To Be Heard In?

Burglary charges often involve complex issues. The offence of Burglary can be dealt with in the Magistrates Court but it may also be committed to the District Court for determination before a Judge and Jury. The court that determines the charge of Burglary depends on the circumstances of aggravation that are alleged.

Imprisonment is generally a more likely outcome for the offence of Burglary being dealt with at a sentencing in the District Court.

However, if you are charged and convicted of the offence of Burglary the likelihood of serving a term of imprisonment is high irrespective of the court that hears and determines the matter.

The Three Strike Rule

A Court sentencing an offender who has committed three separate home burglaries must sentence the offender to at least 12 months immediate imprisonment.

We Can Help

It goes without saying that you should seek advice and representation from a criminal lawyer who has experience dealing with Burglary charges and where possible can negotiate with the prosecution in an effort to have the charges remain in the Magistrates Court.

Have you or someone you know been charged with Burglary? To the secure, the services of an experienced criminal lawyer who will provide straightforward & no-nonsense advice and the highest quality court representation call The Law Office of Andrew Williams on (08) 9278 2575 or contact us.

Contact our lawyers now

At Andrew Williams Criminal Law we're here to help you with the best legal advice.

Testimonials Hear from our valued Clients

I had Andrew deal with my case recently and couldn't of been happier with the result he got for me.
From the start Andrew was quick to reply to any questions and queries i had regarding my matter. He was very professional in my opinion, very easy to talk to and explained things quiet well.
I felt very comfortable in the court room knowing that Andrew wanted to get the best result he could for me, and ...

Colin W

I was on a very tight rope where if it balanced the wrong way it would have totally devastated my life.  Andrew was honest through the entire process preparing me for the worst but never let me give up and thankfully with his help got a great outcome that let me move forward with my family .I cant praise Andrew enough and recommend him 100%

...

Jason M

I trusted that Andrew was the person to defend my case in our initial contact on the phone. He was very confident in his approach, from the first point of contact to the court room. I believe this must be from years of experience. Another added bonus for Andrew is that he is very honest and fair. He tells you like it is in the book of law and does not appear manipulative. His communication skills helped me help him to form a best defensive arg...

Abraham A

Unhappy with my then representation, I went searching for a new lawyer. Andrew responded quickly and professionally to my enquiry. It was quickly apparent during the first meeting that Andrew was knowledgeable, honest and was committed to getting us the best possible outcome. Andrew looked at all avenues available to me in a Magistrates Court matter. He negotiated on my behalf with the prosecution, attended 3 court hearings and defended my ple...

Timothy R

After being charged with Common Assault of a minor I made a sensible decision not to use the local Kununurra law firm. I engaged Andrew Williams to assist me with resolving this matter (to the point of me being awarded costs). Despite being 4000km away I never had any issues with Andrew's commitment to my case. He promptly returned all calls and demanded I do likewise when important information needed to be exchanged. I found him to be an inte...

David C

Andrew Williams is a laywer of much dedication I will never have the words of gratitude and admiration for his honesty and integrity I would highly recommend him to anyone who may require his services in the future

...

Helen L

I just wanted to take my time to explain my experience with Andrew Williams. I had an incident that could have really affected my future. As anyone does I called around all the lawyers in Perth and just not any lawyer but the ones who are highly respected amongst other lawyers and get the results. I have a friend who works in the industry and she recommended Andrew. She said she always sees Andrew in the paper with amazing outcomes to cases th...

Phillip C

Go to top