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Burglary

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Bill Doogue
Criminal Defence Lawyer


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Fraud / Dishonesty / Theft Offences - VIC
The Law - Burglary

What the Law states - Burglary


Crimes Act 1958 - SECT 76

Burglary

76. Burglary

(1) A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent-

(a) to steal anything in the building or part in question; or

(b) to commit an offence-

(i) involving an assault to a person in the building or part in question; or

(ii) involving any damage to the building or to property in the building or part in question-

which is punishable with imprisonment for a term of five years or more.

(2) References in subsection (1) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.

(3) A person guilty of burglary is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

Maximum Penalty in Victoria


The maximum penalty for the offence of burglary is 10 years.

Please see table below for sentencing snapshot of burglary in the higher Courts:

What the Prosecution must prove - Burglary - Vic


(a) The accused entered a building or part of a building.

(b) At that time the accused entered as a trespasser.

(c) The accused had the intention of stealing something or committing an offence which involved either an assault on a person or damage to the building or property in it.

Street names for Burglary

Break and enter

Possible Defences - Burglary


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Legal right to enter.

 

 

 


Which court will hear the charge of Burglary


Magistrates' Court.
Appeal Burglary Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne