Other Criminal Law
6. Burglary
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 30 Aug 2015
- Burglary occurs when a person unlawfully enters premises with the intention of committing an offence. It is also sometimes referred to as ‘break, enter and steal.’
- The offence of burglary has three elements (parts):
- the accused entered a building or part of a building;
- the accused entered as a trespasser; and
- the accused intended to:
- steal something from the building;
- seriously assault a person in the building; or
- damage the building or property on the premises.
- A building includes part of a building such as a garage.
- Entering a building as a trespasser means that the accused did not have permission or consent to enter the building.
- The prosecution must also prove that at the time the accused entered the building they intended to commit an offence of:
- theft
- assault; or
- criminal damage.
- In relation to theft the prosecution does not need to prove that the accused intended to steal a specific item. Further the prosecution need not prove that the accused actually stole anything.
- In relation to assault the prosecution must prove that the accused intended to commit an offence involving an assault on a person in the building punishable by imprisonment for a term of five years or more. This includes the following offences:
- common law assault;
- causing injury intentionally or recklessly;
- causing serious injury intentionally or recklessly;
- causing serious injury in circumstances of gross violence intentionally or recklessly;
- murder, attempted murder and manslaughter; and
- sexual assault or rape.
- For more information see our Homicide, Assault and Sexual Assault topic.
- In relation to criminal damage this includes the offences of arson or destroying or damaging property. For more information see our Criminal Property Damege topic.
- Aggravated burglary occurs where an accused commits a burglary and at the time of entering the building:
- they know or are reckless that another person is present in the building; or
- they are armed with:
- a firearm;
- an imitation firearm;
- an offensive weapon;
- an explosive; or
- an imitation explosive.
- Burglary carries a maximum penalty of 10 years imprisonment. Aggravated burglary carries a maximum penalty of 25 years imprisonment.
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