Aggravated home burglaries are considered one of the more serious criminal offences in Western Australia.

Burglary offences can be heard in the Magistrates Court, but may also be committed to the District Court for trial before a judge and jury, depending on any aggravating circumstances.

Circumstances of aggravation means circumstances in which —

immediately before or during or immediately after the commission of the offence the offender —
is or pretends to be armed with a dangerous or offensive weapon or instrument; or
is or pretends to be in possession of an explosive substance; or
is in company with another person or other persons; or
does bodily harm to any person; or
threatens to kill or injure any person; or
immediately before the commission of the offence the offender knew or ought to have known that there was another person in the place.

Third Strike Rule

The “three strikes” rule applies to home burglaries. A person convicted of three separate home burglaries faces mandatory imprisonment.

An adult offender with two prior convictions for burglary must, upon the third conviction, be sentenced to at least two years imprisonment.

Our office has experience negotiating with prosecution to avoid our clients being captured under the third strike rule. Please contact our office if you have been charged with burglary.