Aggravated burglary is a serious allegation that can lead to significant criminal consequences. Often, accused persons apply for bail in the hope that it will give them the best chance to prepare a robust defence with their lawyer.
But securing bail for aggravated burglary can be difficult, especially when violence, weapons or lawful occupants are involved. This article explains how bail works in the context of aggravated burglary, what the court considers and how Chambers Legal can secure your release from custody.
Learn more about the meaning and examples of aggravated burglary.
What is the Minimum Sentence for Aggravated Burglary?
Before we talk about bail, let’s explain the minimum sentences for aggravated burglary.
In Western Australia, there isn’t an ‘average’ sentence for aggravated burglary. Some offences may be subject to mandatory minimum sentencing and others could lead to diversionary programs.
For adults, a sentence typically involves a minimum term of 2 years’ imprisonment, which cannot be suspended. Importantly, the court has limited discretion and must impose imprisonment in most circumstances.
Is Bail Automatically Granted for Aggravated Burglary?
There is no automatic bail for aggravated burglary charges.
That is because it is listed as a Schedule 2 offence in the Bail Act 1982, dictating a presumption against bail if the accused:
Has a history of similar offending
Is already on bail, parole or a community order for a serious offence
Offenders who fall into those categories will have to “show cause” and convince the court that bail is justified.
What Does “Show Cause” Mean?
In aggravated bail charge, the burden is on the accused’s legal representation to explain why they should be granted bail. This is known as “showing cause” and might be argued through evidence of:
Strong community ties
No risk of fleeing or interfering with witnesses
A clean or limited criminal record
Steps already taken toward rehabilitation
Having dependents
Needing to maintain employment
Delay in the case being finalised, especially if the accused is likely to spend more time on remand than the likely sentence
It’s not enough to simply say you won’t reoffend. Make sure you contact an experienced defence lawyer who can present a well-prepared case tailored to your life and circumstances.
Bail Conditions for Aggravated Burglary
In the event bail is granted, the court will likely impose strict conditions. That may include:
Curfews or home detention
Daily reporting to a police station
No contact with alleged victims or co-accused
Prohibition on visiting certain locations
Electronic monitoring
The conditions will be stricter for “high risk” persons.
In some cases, the accused may be required to provide a surety – someone who offers a financial guarantee that the accused will comply with their bail conditions.
How Bail is Different for Youth Offenders
Like other offences, aggravated burglary involving young people is usually handled under the Young Offenders Act 1984. This gives the court more flexibility and puts a greater emphasis on rehabilitation.
However, detention may still occur in cases of serious or repeat offending. If that happens and the accused applies for bail, the court will consider:
Age and maturity
Prior offending
Risk to the community
Support networks in place
Likelihood of further offending if released
An experienced lawyer can also advocate for other alternatives such as:
Bail with supervision
Home detention
Referral to a Juvenile Justice Team
You can learn more about those options here.
How a Chambers Legal Can Help
Bail hearings are time sensitive and require a thought out legal strategy. That’s why it’s critical to seek early legal advice if you hope to apply for bail for an aggravated burglary charge. Early legal advice can make the difference between being held on remand or released while your matter proceeds through the courts.
A member of the Chambers Legal team can:
Prepare and present a detailed bail application
Gather character references and background materials
Negotiate with police and prosecutors
Propose workable bail conditions
Appeal a refusal of bail, where appropriate
Importantly, we also understand that facing such a serious charge is incredibly stressful. Our team always work with transparency and integrity, providing all legal advice in writing and pairing it with proper cost notice.
Contact Chambers Legal and Speak with an Experienced Criminal Lawyer
At Chambers Legal, we work quickly and thoroughly to prepare robust bail applications and advocate strongly on your behalf.
If you have been charged with aggravated burglary or any other offence and want to learn more about your bail prospects, book a free, 15 minute phone consultation today.