Aggravated burglary (AB), is one of the more serious property offences in Western Australia. But when someone under the age of 18 is charged, the justice system takes a different approach.
Chambers Legal has worked with youth offenders for nearly 10 years. Our team understand how the courts look to balance community safety with rehabilitation and prepare defences accordingly.
If your child has been accused of AB, this guide will explain what the offence means, how the law will apply and what you can expect from WA’s youth justice system.
What Is AB?
Many of our clients find themselves confused about the actual meaning of aggravated burglary. It involves unlawfully entering a place with the intent to commit an additional offence under “aggravating” circumstances – those that make the offence more serious.
In a burglary, examples of “aggravated” circumstances include:
Being armed or pretending to be armed
Committing the offence with others (group offending)
Entering a place where people are lawfully present
Causing or threatening harm during the offence
In WA, AB is considered a serious offence and can carry harsh penalties with mandatory minimum sentences applicable in some situations.
Can a Young Person Be Charged With AB?
Yes. The elements of AB do not change with age and person under the age of 18 can be charged. However, the process of dealing with youth offenders in WA is different.
Young people are often dealt with under the Young Offenders Act 1994, which promotes rehabilitation and diversion programs rather than relying on punitive measures alone. Although, more serious offences like AB may still lead to significant punitive consequences, including detention for repeat offenders and violent incidents.
What Happens After a Young Person Is Charged?
With a different legal structure in place, several pathways are possible when a young person is charged with AB:
Police Diversion (Juvenile Justice Team Referral)
For non-serious offences and first time offences, the police may refer the matter to a Juvenile Justice team. This is a diversionary option focusing on accountability and making amends. The matter will not go to court.
Youth Court Proceedings
If the offence is too serious for diversion (or if the person is a repeat offender), the matter will likely proceed to the Children’s Court of Western Australia. The court will undertake its usual processes to determine an appropriate outcome.
Are Mandatory Sentences Applied to Youth Offenders?
Western Australia has a “three strikes” policy that can trigger mandatory sentencing for home burglaries. However, the application of those mandatory minimums to young people is not automatic.
The courts can exercise discretion for youth offenders when:
The person has not previously been convicted of a similar offence
The court is satisfied that detention is not appropriate
Rehabilitation prospects are strong
Nonetheless, AB remains a very serious charge and a custodial sentence is not uncommon. Learn more about minimum sentences for aggravated burglary here.
Penalties for AB (Youth Offenders)
Youth offenders are not subject to the same maximum terms as adults. Penalties can vary, but may include:
Cautions or warnings
Community-based orders
Intensive youth supervision orders
Detention in a juvenile facility
As mentioned above, the sentence will depend on the nature of the aggravating factors, the person’s criminal history and their efforts to rehabilitate.
What Should Families Do If Their Child Is Charged?
If your child has been accused of AB, seek legal advice as soon as possible. An experienced defence lawyer will guide your actions and ensure you are prepared to achieve the best possible outcome should the case go to trial.
At Chambers Legal, we help:
Engage early with police and the court
Explore diversionary options like Juvenile Justice Team referrals
Advocate for bail if your child is being held in custody
Present character evidence and explain the child’s background
Argue against the need for detention and propose rehabilitative outcomes
Legal representation is a key pillar in impacting a youth offender’s case and helping protect their future opportunities.
Contact a Burglary Lawyer Specialising in Juvenile Offences
Our team recognise the enormous stress that comes when a young person is charged with a serious offence such as AB. We take the time to explain your options, put together a viable response and fight for a favourable outcome in court. Chambers Legal always works with transparency and integrity, providing all legal advice in writing and giving you proper cost notice.
If your child is facing charges, contact our team or book a free, 15 minute phone consultation today.