Aggravated (also referred to as “agg”) burglary is a serious criminal charge in Western Australia. It can result in lengthy imprisonment, mandatory minimum sentences and a permanent criminal record.

If you’ve been arrested, charged or feel you may be under investigation, it’s critical that you seek legal representation as soon as possible. At Chambers Legal, our team are dedicated to achieving the best possible outcome and will explain clearly the requirements, minimum sentences and defences for aggravated burglary.

For more information, book a free consultation.

Many of our clients find themselves unsure of the meaning of aggravated burglary and how it differs from the standard offence. Aggravated burglary is a more serious form of burglary that comes with higher penalties, including mandatory jail time in most cases.

Under the Criminal Code Act Compilation Act 1913 (WA), a burglary becomes “aggravated” when certain circumstances are present at the time of the offence. These “aggravating circumstances” include, but are not limited to:

• The offender is armed with a weapon
• The offender is in company with another person
• The offence is committed at night
• Violence is used or threatened
• The premises are occupied at the time of entry

It’s important to understand that aggravation is not a separate charge, but rather an escalated version of standard burglary. Even where no physical harm occurs, the presence of an aggravating factor can result in much harsher consequences. 

Aggravated burglary carries maximum penalties of:

• 20 years’ imprisonment for most offences

• 25 years if the offence involves actual bodily harm, a threat of injury or being armed

In addition, WA has legislated mandatory minimum sentences for aggravated burglary if the accused has prior convictions for similar offences. For example, with home burglaries:

• A first-strike conviction may result in any amount of jail time up to 20/25 years

• A third-strike conviction can attract a minimum term of 2 years imprisonment

With mandatory minimums possible, it’s important to seek strong legal representation if you have been charged with aggravated burglary. An experienced lawyer can assess any criminal history you may have to determine the penalties you could face.

In Western Australia, there are several defences that may be available for an aggravated burglary charge. These include:

• Lack of Intent: The prosecution must prove that you intended to commit an offence inside the premises. If you entered without such intent, you may be able to challenge the charge.
• Consent to Enter: If you were lawfully invited or permitted to enter the premises, it may not be considered burglary. The circumstances of entry are crucial to the charge.
• No Aggravating Circumstance Present: Aggravated burglary charges require proof of certain aggravating factors. If the prosecution cannot prove these beyond reasonable doubt, the charge may be reduced to burglary or dismissed entirely.
• Mistaken Identity: If there is insufficient or unreliable evidence identifying you as the offender, a defence of mistaken identity may apply.
• Duress or Necessity: In rare cases, you may argue that you committed the offence under threat or coercion, or in response to an emergency situation that left no other option.

The viability of each defence depends on the facts of the case. A well versed criminal defence lawyer will assess the strength of the prosecution’s case, explore all possible defences and present you with the best possible strategy.

If you’ve been charged with aggravated burglary, it’s crucial that you contact a legal office as soon as possible. Do not speak to the police prior to speaking with a lawyer – anything you say can be used as evidence in court.

Additionally, gather any documentation, timelines or witness contacts that could support your case. Avoid contacting any alleged victims or co-accused persons unless directed by your lawyer. Whilst seeking legal advice is the most important move, taking personal responsibility for these steps puts you in the best possible position should the case go to trial.

At Chambers Legal, we have a team of vastly experienced burglary lawyers. Backed by over a decade of combined experience, they will:

• Review police evidence and identify any weak points or procedural issues

• Clarify the aggravating elements

• Provide advice on bail

• Advocate for your version of events and formulate a viable defence

Our team understand that legal assistance isn’t just about defending you in court. We’ll make sure your rights are protected during every stage and will provide the advice you need to make informed decisions under pressure.

We also recognise the incredible distress that facing any criminal accusation can bring. To give you the utmost confidence throughout the process, we work with transparency and integrity. All legal advice is provided in writing and paired with proper cost notice.

At Chambers Legal, we understand the significance of an aggravated burglary charge. We approach every case with professionalism, rigour and a commitment to achieving the best possible outcome for you and your family.

To speak with a member of our team about aggravated burglary, it’s minimum sentence and which defence could work for you, book a free consultation today.