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Stealing / Robbery / Burglary
About Stealing/Robbery/Burglary
Defending Against Stealing, Robbery, and Burglary
Property offences cover a range of criminal activities, including:
- Trespass
- Stealing
- Armed Robbery
- Robbery
- Home Burglary and Commit
- Aggravated Home Burglary and Commit
- Burglary
Burglary is considered a serious criminal offence in Western Australia.
A person can be charged with burglary if they enter or remain in another person’s property without consent and either commit or intend to commit an offence inside. For example, unlawfully entering a home and stealing jewellery would constitute a “Home Burglary and Commit.” Similarly, entering a home and intentionally damaging furniture could also be classified as a burglary, as burglary does not always require a theft to occur.
Burglary offences can be heard in the Magistrates Court, but may also be referred 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
Our office has significant experience negotiating burglary charges, often securing outcomes where charges remain in the Magistrates Court or are reduced to trespass through plea negotiations.
The “three strikes” rule applies to home burglaries. A person convicted of three separate home burglaries faces mandatory imprisonment.
