Aggravated burglary is one of the more serious property offences in Western Australia and it only becomes more complicated when multiple people are involved.
Under WA law, joint offenders can be charged with this offence even if their roles in the incident were different. If you’re accused of aggravated burglary in company, it’s important you have a clear understanding of what’s ahead.
This article explains the meaning of aggravated burglary, how liability works in joint cases and what defences may be available. For more information, speak with a criminal defence lawyer.
What Is Aggravated Burglary in WA?
Under WA’s Criminal code, a burglary becomes “aggravated” (a more serious offence) when certain circumstances apply. These include:
The offence occurred while someone was lawfully present in the premises
The offender was armed or pretended to be armed
The offender used or threatened to use violence
The offender was in company with another person
Mandatory Minimum Sentences for Aggravated Burglary
In WA, there can be a mandatory minimum sentence for certain aggravated burglary offences. For example, if the offence involves serious harm or a weapon and the accused has prior convictions, the court may be required to impose at least 15 years (75%) of the maximum 20 years’ imprisonment.
Sentencing is discretionary in other cases, but imprisonment is common.
What Does ‘In Company’ Mean?
Central to this charge is the concept of being ‘in company’. This is when the offender was accompanied by at least one other person during the offence. Importantly, the law does not require all people to enter the premises or perform the same act.
That means the following examples could result in a charge of aggravated burglary in company:
If two people plan a burglary and one acts as the lookout while the other enters the home
If one person enters a home and assaults someone while the other remains outside but is part of the overall plan
Understanding Joint Criminal Liability
If aggravated burglary is committed in company, the joint offenders can be held equally liable for the full offence if the shared an intention or common purpose.
Possible scenarios include:
If Party 1 agreed to commit a burglary with Party 2, and Party 2 commits violence or carries a weapon during the act, Party 1 may also be liable for aggravated burglary.
If Party 1 enters a house and threatens a resident inside, and Party 2 waits outside as a lookout, they are both liable for aggravated burglary.
The prosecution must only prove the the accused was a participant in the offence, whether that be through planning, presence or assistance. The accused does not need to personally carry out the aggravating act.
What If The Accused Didn’t Know About the Violence?
This is a critical consideration in so many joint offender cases.
A party may be able to argue that they should not be held liable for the aggravated component if:
They did not know that violence, weapons or threats were going to be used
They had no reason to suspect those could be used
This can be difficult to prove and the court will consider:
Whether the use of violence was foreseeable based on the circumstances
Whether the accused had a realistic opportunity to withdraw from the offence
The extent of the accused’s involvement in the planning or execution
Defences to Aggravated Burglary in Company
By contacting an experienced criminal defence lawyer at the earliest possible opportunity, you give yourself the best chance to formulate one of the following defences:
Lack of intent to commit a burglary or offence inside the premises.
No participation in the aggravating acts or insufficient involvement in the offence)
Mistaken identity (being wrongly identified as a participant)
Duress or coercion (where you were forced to participate under threat)
Withdrawal (where you actively withdrew from the criminal plan before the offence occurred)
Each case depends on its facts and a legal practitioner will be able to advise you as to which are most viable.
Our Approach at Chambers Legal
Aggravated burglary charges involving multiple accused persons can be incredibly complex. As they also carry serious consequences, it’s important you seek legal representation as soon as possible.
A criminal lawyer from Chambers Legal can:
Assess the evidence against you
Identify whether the aggravating factors apply
Argue that your role was limited or that you lacked intent
Negotiate with prosecutors to reduce or dismiss charges
Prepare and present your defence in court
Our team recognise the stress that a criminal charge can cause for you. To best support you throughout the process, we stick to values of transparency and integrity. All legal advice is provided in writing and paired with proper cost notice.
Get in Touch and Speak to a Lawyer Today
If you’ve been charged with aggravated burglary or are under investigation for joint involvement in any offence, it’s important you have a clear understanding of your legal position.
Chambers legal provides honest, strategic advice and strong courtroom representation to protect your rights and work toward the best possible outcome.
To book a free, 15 minute phone consultation, click here.