Burglary and Break and Enter Offences in Victoria
Burglary and break and enter offences are serious criminal offences in Victoria, Australia. These offences involve entering another person’s property without their consent and with the intention of committing a crime, usually theft, assault, or property damage. The Crimes Act 1958 (Vic) is the primary piece of legislation that governs these offences in Victoria.
Section 76 of the Crimes Act 1958 (Vic) defines burglary as entering any building or part of a building as a trespasser with the intention of stealing anything inside, committing an offence involving assault or damage to property, or committing an offence punishable by imprisonment for a term of five years or more.
This is a more serious form of burglary. It is committed when a person commits burglary and is armed with an offensive weapon, explosive, or firearm, or is in the company of another person or persons, or at the time of entering or at any time while in the building or part of the building a person is present therein. Aggravated burglary is defined in Section 77 of the Crimes Act 1958 (Vic).
The penalties for burglary and break and enter offences in Victoria are quite severe due to the serious nature of these offences.
The sentencing process involves a court hearing where the prosecution and defence present their cases. The judge considers several factors such as the gravity of the offence, the offender’s criminal history, whether the offender has shown remorse, and any other mitigating or aggravating factors. The judge then decides on the appropriate sentence based on these factors.
There are several defences that may be raised against charges of burglary or break and enter offences:
It is important to note that the success of any defence depends on the circumstances of each case and the evidence available. Therefore, it is highly recommended to seek legal advice from a qualified professional if faced with charges of burglary or break and enter offences.