Canberra & the ACT · Robbery and theft
Burglary charges in the ACT.
Burglary is entering a building as a trespasser meaning to steal or to cause harm or damage. In the ACT it sits in the Criminal Code 2002, and the aggravated form carries 20 years. Entry, intent, and identification are the issues these matters turn on.
- Burglary14 yearss 311 Criminal Code 2002 (ACT)
- Aggravated burglary20 yearss 312, in company or armed
- CourtSupreme / MagistratesBy seriousness
- Key issueEntry & intentThe elements
The ACT offences.
Burglary requires two things: entering or remaining in a building as a trespasser, and an intent at that time to steal, to cause harm, or to damage property. The intent element is often the contest, because entry alone is not burglary. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
Burglary and aggravated burglary are indictable. The serious matters are tried in the ACT Supreme Court, and aggravated burglary can be dealt with summarily by consent in the Magistrates Court where the law allows. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT).
Defences and issues that matter.
Identification.
These matters often rest on CCTV, fingerprints, DNA or an eyewitness. The strength of the identification is examined first.
Intent at entry.
Burglary requires an intent to steal or cause harm at the time of entry. Where that intent is not proved, the offence is not made out, even if something else happened later.
Trespass and permission.
If the accused was entitled to be there, or believed they were, the trespass element may fail.
How the matter is run.
The forensic and identification material, and the evidence of intent, are the core of a burglary brief. The work is to test identification and the intent element, and to place the matter in the right charge. The serious matters are prepared for trial in the Supreme Court.
Frequently asked.
What is burglary in the ACT?
Entering or remaining in a building as a trespasser with intent to steal, to cause harm, or to damage property, under s 311 of the Criminal Code 2002 (ACT). It carries up to 14 years.
What makes a burglary aggravated?
Committing it in company or with an offensive weapon, under s 312 of the Criminal Code 2002 (ACT). Aggravated burglary carries up to 20 years.
Is entering a building always burglary?
No. Burglary requires an intent to steal or cause harm at the time of entry. Entry without that intent is not burglary, though it may be another offence.
Where is a burglary charge heard in the ACT?
The serious matters are tried in the ACT Supreme Court. Aggravated burglary can be dealt with summarily by consent in the Magistrates Court where the law allows.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019