ROBBERY & BURGLARY

Robbery & Armed Robbery.

Section 76 of the Crimes Act 1958 carries the offence of Burglary that involves entering a building or part of a building as a trespasser.

The difference between Burglary and being charged with Aggravated Burglary  (section 77 Crimes Act 1958), is that the person committing the burglary allegedly was in possession of a weapon at the time.

“Building” means a vehicle or vessel that is inhabited by a person. So this includes a car or boat.

PROOF, PENALTIES & DEFENCES.

Burglary.

The prosecutor has to prove that you entered a building or part of a building as a trespasser the intention to steal anything in the building; or to commit an offence punishable by 5 or more years jail:

  • involving an assault on a person in the building; or
  • involving any damage to the building or property in the building.

Defences:

  • you were not a trespasser;
  • you did not enter the building or part of the building;
  • lack of intention to steal, assault or damage the building or property contained in the building.

Penalties: Maximum 10 years jail.

Aggravated Burglary.

The prosecutor has to prove that you entered a building or part of a building with a weapon (including imitation firearm) or explosive as a trespasser the intention to steal anything in the building; or to commit an offence punishable by 5 or more years jail:

  • involving an assault on a person in the building; or
  • involving any damage to the building or property in the building.

Defences:

  • you were not a trespasser;
  • you did not enter the building or part of the building;
  • lack of intention to steal, assault or damage the building or property contained in the building.
  • you were not in possession of a weapon or explosive at the time.

Penalties: Maximum 25 years jail.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

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