Robbery & Burglary Offences WA
A person is guilty of a the offence of burglary if he enters or in the place of another person without the latter’s consent, with intent to commit an offence in that place under section 401 of the Criminal Code Act Compilation Act 1913.
Under Section 401 of the Criminal Code Act Compilation Act 1913, Burglary refers to the unauthorised entry into a place, with intent to commit an offence in that place.
Charges for Burglary
The charges for burglary depend on a number of factors, such as court jurisdiction and whether or not the place entered was normally used for human habitation. If the matter is dealt with by the District Court, the maximum sentence is 14 years imprisonment, or18 year’s imprisonment if the place was usually inhabited. If the burglary was aggravated, the penalty is 20 years imprisonment.
If the matter is dealt with under the jurisdiction of the Magistrate Court, the penalty is 2 years imprisonment and a fine of $24, 000.00. If the offence is aggravated, the maximum penalty is 3 years imprisonment and a fine of $36, 000.00.
Unlike burglary, robbery involves the use of force, intimidation or threats when taking or attempting to take something of value off another person. In other words, there must be the presence of a victim for theft to be defined as a robbery, and so this may encompass crimes such as bank robbery, a hold up or a mugging.
Aggravated robbery occurs where the suspect has, or suggests that he/she has, any type of weapon or tool that may be perceived as a weapon.
Robbery offences can attract significant penalties, as the courts have taken a tough stance approach to these offences in recent years.