Burglary Offences
Section 401 of the Criminal Code defines a Burglary offence as actions including any of these actions;
Enters a place of another person illegally,
Is in a place (home, shop, properties, etc.) of another person without their consent,
Intent and attempt to commit the Offence in that place.
Burglary offences are prosecuted as a case with aggravation.
The cases for aggravation of such offences include circumstances where the accused;
Is, or pretends to be armed with a dangerous offensive weapon;
Is, or pretends to "have" of explosives;
Is in the company of other persons;
Does bodily harm to any person;
Threatens to kill or injure any person;
Detains any person; and
Knew, or should know immediately before the Offence, that there were other people in that place (other than any co-offenders).
What Court handles a Burglary Charge in Western Australia?
Unlike a Robbery offence, Burglary offences can be handled as summary or indictable offences depending on the circumstances around the Offence.
Burglary matters held in a Magistrate do not usually involve significant penalties and may even be exchanged for an intervention program if the Magistrate deems it appropriate. However, issues handled by the District Court are generally for serious indictable and aggravated Burglary charges.
The District court matters are settled by a jury or judge and incur more severe consequences.
What are the penalties for burglary offences?
If the matter is handled in the District Court, the maximum penalty is 14 years.
If the burglary offence happened at a human habitation, without aggravating circumstances, the Court can impose penalties of up to 18 years imprisonment.
For all other cases of aggravation with a Burglary offence, the Court imposes penalties up to 20 years.
For matters dealt with in a
Magistrate Court, the court issues penalties up to;
Two years imprisonment term,
Fines up to $24 000,
Or both.
If the place where the burglary offence happened was a human habitation, without aggravating circumstances, the Court might impose penalties up to;
Three years imprisonment term,
$36,000 in fines,
Or both.
For all other cases of
aggravation with a Burglary offence, the Court imposes penalties up to 3 years imprisonment term and a $36,000 fine.
https://www.australiannationalcharactercheck.com.au/Robbery-Offence-Penalties-Western-Australia-WA.html
