In Western Australia, there is a mandatory sentencing regime for repeat home burglary offences. Commonly known as the ‘three-strikes’ law, it’s important to understand if you are facing such charges. Knowing how, when and to whom it applies best prepares you to achieve an ideal outcome in court.
In this post, we outline how the policy works and how Chambers Legal can explain your legal options.
What Is the Three-Strikes Burglary Law?
Under WA’s Criminal Code, a person convicted of home burglary may be subject to a mandatory minimum sentence if they have committed two previous home burglary offences. This is commonly known as the “three-strikes policy.”
The law operates like this:
- If the accused is convicted of a third (or further) home burglary and the court finds that they have two previous strike offences recorded against them, the court must impose a mandatory minimum sentence of two years’ immediate imprisonment.
- The sentencing court does not have discretion to impose any other sentence.
- The rule applies regardless of other factors including the value of the property taken or the offender’s age at the time of offending (although exceptions exist for children).
Are There Any Exceptions?
The three-strike policy has three important exceptions and limitations.
1. Youth Offenders
If the accused is under 18, the mandatory sentencing rules do not apply in the same way. Here, the court is permitted to consider an alternative sentencing option in line with youth offender laws. However, youth convictions for a home burglary can still be recorded as strikes and used to trigger the mandatory minimum if further offences are committed in adulthood.
2. Successful Appeals or Spent Convictions
If a prior conviction is overturned on appeal or if a spent conviction order is in place, that offence may not count toward the three-strike tally.
3. Judicial Discretion for Invalid Strikes
In some cases, a defence lawyer may challenge the validity of a strike. They may argue a past strike was improperly recorded or that offences should not be treated as separate incidents.
Criticisms and Calls for Reform
The three-strikes burglary policy has not been without its critics. Legal advocates, criminologists and human rights groups have argued that:
- It removes judicial discretion
- It disproportionately impacts Aboriginal and Torres Strait Islander people
- It does not appear to serve as an effective deterrent
- It leads to over-incarceration of young and disadvantaged individuals, often with underlying issues like homelessness or substance abuse
Despite ongoing debate, the law remains in force at the time of writing.
Why It’s Important to Secure a Lawyer for a Burglary Case
If you have been charged with burglary and are unsure as to whether you’re facing a third strike, it’s important to seek legal advice as soon as possible. A criminal defence lawyer can:
- Review your criminal history to determine if past convictions properly qualify as strikes
- Challenge the admissibility or classification of past offences
- Argue for concurrent sentencing where applicable
- Negotiate with the prosecution to reduce charges to non-home burglary where justified
By acting quick, you position yourself to achieve the best possible outcome.
Speak to a Home Burglary Lawyer in Perth
The Chambers Legal team is experienced in defending burglary and aggravated burglary charges across Western Australia. Importantly, we also understand the workings of the three-strikes policy and can help you navigate sentencing rules.
Our staff are also determined to put your needs first. We recognise that facing any criminal charge is stressful for you and your loved ones, so we work in line with core values of transparency and integrity. All advice is provided in writing and paired with proper cost notice.
If you’re facing a burglary charge and would like legal advice, please get in touch today.
FAQs
What Counts as a “Strike”?
The three-strikes rule only applies to home burglaries. That means the previous convictions must have occurred in a place ordinarily used for human habitation, such as houses, apartments or granny flats. Burglaries of commercial or other non-residential premises do not apply. However, if they achieve the above criteria, aggravated burglary offences will count as strikes.
Multiple burglaries committed on the same day may be counted as separate strikes depending on the circumstances, particularly if they involve different premises.
When Does the Mandatory Sentence Apply?
The mandatory-minimum sentence of two years imprisonment only applies after the third strike. There is no mandatory minimum for the first or second strike.
If the offender is already serving a term for a prior offence and they are convicted of their third-strike, the two-year term must be served cumulatively. That means it will be served on top of (not at the same time as) the existing sentence.