Burglary and Theft
Burglary and Theft
Since becoming a Barrister in 1999, I have undertaken work in a wide variety of criminal matters, with the vast majority of this work being in the Magistrates’ Court. I appear for people who are charged with:
- Assault and Affray
- Theft & Burglary (including Theft of Motor Vehicle)
- Property damage (Criminal Damage and Wilful Damage)
- Drug offences (use and possess)
- Sex offences
When you are charged with a criminal matter, you will be served with a copy of the Brief of Evidence. This is also known as the Preliminary Brief. This will contain the charges that the Police allege against you together with the Statement of alleged facts, witness statements and a list of exhibits and evidence that the Police intend to rely on in support of the charges. The Preliminary Brief will also contain any prior offending that is alleged against you.
The Preliminary Brief is an important document as it provides an outline of the Police case against you. Depending on the nature of the offence/s that you have been charged with, it may also contain a DVD/CD of your taped Record of Interview with the Police. It’s important to place these documents somewhere safe so that you don’t lose them. When attending an interview with me, I will need to see a copy of these documents in order to provide some initial advice on the best way forward.
Don’t hesitate to call me if you have been interviewed, charged and bailed or if you have received a charge and summons to appear at Court.
Theft
The basic definition of Theft is defined in Section 72(1) of the Crimes Act 1958 and are that the accused:
dishonestly;
appropriated;
property belonging to another; with the intention of permanently depriving the other of it.
These elements must have been present together at the time of the appropriation. In other words, if one of these elements is missing at the time of the actual “taking” then the offence of theft will not be established.
Despite the above, it’s important to note that Section 74(14)(a) of the Crimes Act 1958, addresses the circumstance of theft as it relates to a motor vehicle or an aircraft.
- For stealing a motor vehicle or an aircraft proof that the person charged took or in any manner used the motor vehicle or aircraft without the consent of the owner or person in lawful possession thereof shall be conclusive evidence that the person charged intended to permanently deprive the owner of it.
In other words, it’s still an offence to take a car (or an aircraft) even if the “taker” states that they did not intend to permanently deprive the owner of it. This section of the Act also states that the definition of “motor vehicle” extends to a vessel, whether or not the “vessel” is powered by a motor. Vessel has the same meaning under the Marine Safety Act 2010.
There is a large body of law on what each of the elements of “Theft” actually means and, therefore, each case needs to be assessed and determined on its individual facts. For this reason, it’s important to get specific advice about the facts and circumstances of your particular case. Theft is an indictable offence and the penalties can be severe.
Under Section 74(1) of the Crimes Act, ….A person guilty of theft is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
There are a wide range of indictable offences (such as theft) that can be heard and determined in the Magistrates’ Court. The vast majority of street offences (including shop-theft, domestic thefts, theft of a motor vehicle and theft from a motor vehicle can be heard and determined in the Magistrates’ Court.
If you are charged with the offence of theft, it is best to obtain legal advice as soon as possible. Early advice will enable you to make an informed decisions about the future conduct of your case.
Burglary
Burglary is defined in Section 76(1) of the Crimes Act 1958.
- A person is guilty of burglary if the person enters any building or part of a building as a trespasser with intent-
- to steal anything in the building or part in question; or
- to commit an offence-
- involving an assault to a person in the building or part in question; or
- involving any damage to the building or to property in the building or part in question – which is punishable by imprisonment for a term of five years or more.
- References in subsection (1) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having habitation in it is not there as well as at times when the person is.
- A person guilty of burglary is guilty of an indictable offence and liable to level 5 imprisonment (10 years or more)
In recent years there have been a number of changes to the law to cover the now prevalent offences of Aggravated Burglary, Home Invasion and Aggravated Home Invasion.
Let's Have A Confidential Chat
Where to from here?
.In preparation for your Court date, Phil will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. He will also make some suggestions about individuals and agencies who can assist with the preparation of appropriate reports that will help to minimise your penalty. Phil will also make recommendations about suitable and appropriate character references.
