Law Information - Fraud / Dishonesty / Theft Offences - TAS

Burglary

Date: 09/01/2009

The Law -

Criminal Code Act 1924 – SECT 244

244. Burglary

Any person who enters any place to which this chapter applies as a trespasser, or by means of any threat, artifice, or collusion, with intent to commit a crime therein, is guilty of a crime, which is called burglary.

Charge: Burglary.

What the prosecution must prove - Burglary

(a) The accused entered any place.

(b) At that time the accused entered as a trespasser, or by means of any threat, artifice, or collusion.

(c) The accused had the intention of committing a crime.

The Maximum Penalty for Burglary is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

If the crime is tried summarily the maximum term of imprisonment that a court of petty sessions may impose is –

(a) 12 months for a first offence; or

(b) 5 years for a second or subsequent offence

Possible Defences - Burglary

(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Legal right to enter.

The Court process - Burglary

Magistrates Court or Supreme Court depending upon whether summary jurisdiction is elected.