Perth-Based Lawyers for Burglary Offences

Being accused of burglary in Western Australia can be a daunting experience. Burglary offences are incredibly complex, and charges can be made even if the accused entered a property without taking anything.

If you have been charged, seeking immediate professional advice will give you a clear understanding of the legal principles involved and prepare you to achieve the best possible outcome at trial. At Chambers Legal, we have a highly skilled and experienced team who understand how burglary law works, how aggravating circumstances can escalate the charge and how you can challenge the allegations effectively

To speak with a member of our team, book a free, 15-minute phone consultation.

What is Burglary?

Burglary is defined in WA’s Criminal Code as entering a place without the owner’s consent and with the intent to commit another offence while in that place. For example, if a person breaks into someone’s house in order to steal their TV, that is a burglary.

There are two important elements in a burglary charge:

1. Entry into a place: This includes partial entry (like reaching an arm through a window) or entering any part of a building or structure.
2. Intent to commit an offence: At the time of entry, the accused must have intended to commit a criminal act. This intent is often inferred from surrounding facts, like bringing tools commonly used for theft or entering through a broken window.

Aggravated Burglary

A burglary charge will be considered more serious if it involves circumstances of aggravation. Typically, those include:

• Being armed, or pretending to be armed, with a weapon
• Possessing, or pretending to possess, an explosive substance
• Committing the offence in company
• Threatening to kill or injure the owner or occupier
• Detaining a person inside the property
• Entering the property knowing (or having ought to have known) someone was inside

Because they are seen as more serious, charges of aggravated burglary carry more significant penalties. The offence carries a maximum sentence of 20 years imprisonment.

How is it Proven?

Depending on the circumstances of the case, a burglary matter will be heard in either the Magistrates Court or the District Court. There, the prosecution will have to prove the following:

1. That the accused entered or was inside the place of another person
2. That the accused did not have the consent of that person to be there
3. That the accused intended on committing an offence OR that they actually did commit an offence while in that place

There are a few important things to consider about consent. It must be given freely and voluntarily and cannot be obtained through threats or fraud. If the accused gets consent to enter a property by lying to the owner/occupier, that will not serve as a legal defence.

How Can Chambers Legal Help?

Burglary charges carry significant penalties and it’s critical to obtain specific legal advice if you have been accused.

At Chambers Legal, we staff a team of highly skilled legal representatives ready for burglary cases. They can explain to you your charge, represent you in court and advise as to what defences may be available and what the consequences of conviction could be.

Importantly, we also recognise the personal toll of a criminal charge on you and those closest to you. To provide you with the utmost confidence throughout the process, our team stick to values of transparency and integrity. All legal advice is tailored and provided in writing and you will always receive proper cost notice.

Get in Touch with Chambers Legal and Speak to a Burglary Defence Lawyer

If you’ve been charged with any burglary offence, you don’t have to face it alone. At Chambers Legal, we have a team of skilled criminal defence lawyers who understand WA law inside and out.

To book a free, 15-minute phone consultation, click here.

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