My house was burgled about 6 months ago. I have found out from police that the couple who did it also burgled a number of other houses in the area. They have been charged and are coming up for sentencing soon. What will happen at the sentence hearing?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by LegalEagle™ staff, Forbes 2871 NSW
- The types of factors that a judge or magistrate may take into account when determining the appropriate sentence for burglary include:
- the level of professional planning and organisation;
- whether the offence was part of a series of offences;
- if the offence is committed against a ‘soft target’ such as an elderly or disabled person;
- the number of offences that the offender has been charged with;
- the value of the stolen property both financial and sentimentally;
- whether any force was used or threatened by the offenders;
- whether the offenders have any prior convictions for a similar offences;
- whether the offenders have pleaded guilty or not guilty;
- whether the offenders have attempted to return the stolen property or apologise to the victims.
- You are entitled to make a Victim Impact Statement and submit it to the court at the sentence hearing. The judge will take your statement into account in determining the sentence.
- You can also make an application at the hearing for compensation for the items stolen and any damage done to your property as a result of the burglary. This application is made under the appropriate legislation (written law) in your state or territory. You can ask the prosecutor to make the application of your behalf or you can engage a lawyer to do it for you.