In Western Australia, burglary and aggravated burglary is not limited to houses and commercial buildings. It can also include other structures like sheds, garages and outbuildings.
Like many other offences, not every case is clear-cut and whether burglary applies will depend on many factors. At Chambers Legal, we staff a team of experienced burglary lawyers who understand how and when an incident will be classified as burglary.
In this article, we outline how burglary laws apply to outbuildings in WA and the steps you should take if you’re facing such charges.
What Is Burglary Under WA Law?
Burglary is defined under WA’s Criminal Code and occurs when a person enters or is in a place without consent and does so with the intent to commit another offence. Often, the additional offence is theft, criminal damage or assault.
The law defines a “place” quite broadly. It can include an actual dwelling (like a house or an apartment) but could also be any other building or structure that is used for human occupation or keeping property. That means that a shed or garage could be considered a “place”, depending on the circumstances.
When Does Entering a Shed or Garage Become Burglary?
To answer that question, the court will consider these factors:
It’s likely burglary if:
- The shed or garage is locked or secured and access was gained without consent
- The structure is on private property (such as a residential backyard)
- There is clear evidence of intent to commit a further offence
It may not be burglary if:
- The structure is open and accessible to the public
- There’s no clear intent to commit an offence (though trespass charges may still apply)
- The person had lawful or mistaken belief of permission to enter
Even if the building is not a home or occupied dwelling, it may still be covered under burglary laws if it is used to store personal items and other possessions.
Does It Matter If the Shed or Garage Is Detached?
No. WA law does not require a structure to be attached to the main residence for it to be covered under burglary laws.
A detached garage, shed or other outbuilding on the same property will still be considered as a part of the premises. In fact, some burglary cases only involve entry into an outbuilding, especially if valuable items (like tools, bikes or equipment) are stolen or tampered with.
What If the Shed or Garage Is Empty?
Even if nothing is taken or if the building is empty, a burglary charge can still apply. That is because burglary is not concerned about whether the offence happened, but rather if there was an intent to commit the offence.
This is important to understand. The accused does not need to succeed in committing theft or property damage to be charged with burglary. The prosecution only needs to show that they entered with criminal intent. That’s often inferred from:
- Possession of tools like bolt cutters or gloves
- The time of day the accused enters
- Attempts to flee or hide
- Signs of forced entry such as damage to locks or doors
If the prosecution cannot prove intent, it is possible that a burglary charge will be downgraded to trespass, which carries significantly lighter penalties. You can read more about trespass here.
Penalties for Burglary Involving Sheds or Garages
If the accused has been convicted of a burglary of a shed or garage, penalties may include:
- Up to 14 years’ imprisonment for basic burglary
- Up to 20 years if the offence is aggravated (e.g. committed at night, with others, or while armed)
- Mandatory minimum sentencing may apply if the offence is considered a “strike” under WA’s three-strikes policy for home burglary
The fact that the building is not the actual home does not necessarily reduce the seriousness of the offence nor the consequences.
Contact Chambers Legal and Secure a Lawyer for Your Burglary Case
If you have been charged with burglary, aggravated burglary or any other offence, it is critical to seek legal advice from an experienced criminal defence lawyer. In cases involving sheds, garages and other outbuildings, a case can turn on:
- Whether the structure qualifies as a “place” under WA law
- Whether you had lawful or mistaken entry
- Whether there’s enough evidence to prove intent
Our team can assess the strength of the prosecution’s case and explore whether the charge can be downgraded, defended or negotiated. To give you confidence throughout the process, we work with transparency and integrity. All legal advice is tailored and provided in writing and comes with proper cost notice.
To speak with Chambers Legal, book a free, 15-minute phone consultation today.