Theft & Property Offences | Aggravated Burglary & Armed Robbery

Property offences are offences characterised by taking something from another person or entity without permission. These offences can range from minor shoplifting offences to large-scale sophisticated frauds against corporations.

Common property offences which are regularly encountered by the Courts include:

• Handling stolen goods, where a person possesses items which they know to be stolen;
• Burglary, where a person enters into a building without authority intending to steal, assault or damage or destroy property;
• Aggravated burglary, where a burglary is committed whilst the offender is armed with a weapon or whilst they believe that someone is or is probably present in the building;
• Robbery, where a person uses force in order to steal something;
• Armed robbery, where a robbery is committed whilst armed with an offensive weapon; and
• Obtaining property by deception, where fraud is used to obtain things (e.g. money or goods) by the offender.

A range of newer property offences have now been introduced as a response to the public outcry over gang-related activity, particularly among young people. These newer property offences included:

• Home invasion and aggravated home invasion; and
• Carjacking and aggravated carjacking.

Other more obscure property-related offences include extortion, blackmail, and arson (criminal damage by fire).

Theft involves a person dishonestly assuming the owner’s rights over their property whilst intending to permanently deprive the owner of the property. Some examples include shoplifting offences, theft of a motor vehicle, or more large-scale commercial, white-collar thefts.

Interestingly, in the case of car theft, it is not necessary for the prosecution to prove that the accused intended to permanently deprive the owner of the car. For example, if a person decided to take a vehicle for a joyride, but never intended to actually keep the car, they would still be guilty of theft of the motor vehicle.

Theft is punishable by a maximum penalty of imprisonment of 10 years. The charge of theft is found in section 74 of the Crimes Act 1958. Depending on the seriousness of the theft in question, the likely court outcome can range from a diversion plan (where the accused avoids a criminal record altogether) or an adjourned undertaking to be of good behaviour to a term of imprisonment.

The offence of trespassing lies in Section 18 of the Summary Offences Act 1966. Trespassing is committed by entering a property without permission to do so. A person can be charged for this offence and it is punishable by a maximum of six months imprisonment. If a person trespasses into a building whilst intending to steal, assault or damage property, they are guilty of the more serious offence of burglary.

Burglary involves unlawfully entering a building with the intent to commit a crime, typically theft, within that premises. Aggravated burglary is a more serious form of burglary where the offender enters a dwelling knowing that people are inside and is armed or becomes violent. This crime is considered more severe due to the heightened potential for harm to the occupants.

Armed robbery, on the other hand, is a form of robbery where the perpetrator uses a weapon or intimidates with the appearance of being armed. This crime directly threatens the victim’s personal safety through force or fear, making it a particularly grave offence.

Both aggravated burglary and armed robbery are considered serious criminal offences and carry heavier penalties due to the risks they pose to victims’ safety and security.

Theft is punishable by a maximum of 10 years imprisonment under section 74 of the Crimes Act 1958. Depending on the seriousness of the theft, outcomes can range from a diversion plan – where the accused avoids a criminal record altogether – through to an adjourned undertaking, a fine, or a term of imprisonment. Each case turns on its own facts and circumstances, and early legal advice is essential to understanding what outcome is realistic in your situation.

Theft involves dishonestly assuming the owner’s rights over their property with the intention to permanently deprive them of it. Examples include shoplifting, theft of a motor vehicle, and large-scale commercial or white-collar theft. In the case of vehicle theft, the prosecution does not need to prove an intention to permanently keep the car – taking a vehicle for a joyride, without intending to keep it, can still constitute theft of a motor vehicle.

If you are arrested for aggravated burglary, it’s essential to follow these steps to ensure your rights are protected:

1. Remain Calm and Compliant: During the arrest, it’s crucial to stay calm and follow the instructions given by law enforcement. Resisting arrest can lead to additional charges.
2. Exercise Your Right to Remain Silent: You have the right to remain silent as anything you say can be used against you. Politely decline to answer any questions until you have legal representation.
3. Request a Lawyer: Immediately ask for a lawyer. It’s important not to discuss your case with the police or anyone else until you have consulted with your lawyer.
4. Understand Search Rights: Be mindful of your rights when police propose to execute a search of your person, your belongings, or your property and in which scenarios they require a search warrant. Learn more here.
5. Contact Slades & Parsons: Reach out to Slades & Parsons as soon as possible. Our team of experienced criminal defence lawyers specialises in handling aggravated burglary charges and will provide the guidance and representation you need to navigate this challenging time.

By following these steps and enlisting the help of Slades & Parsons, you can better manage the situation and work towards a favourable resolution of your case.

The court assesses the severity of a robbery or burglary case based on several key factors. These include the nature of the offence, the presence of any weapons, the amount of force used, whether the property was occupied at the time of the offence, and the psychological or physical impact on the victims. Additionally, the court considers the defendant’s criminal history and any mitigating or aggravating circumstances surrounding the case.

For instance, a case involving armed robbery with a weapon and threats of violence would be considered more severe and likely result in harsher penalties than a case of burglary without any personal confrontation or injury. Similarly, if the offender has a history of similar offences, the court may impose stricter penalties to deter future crimes.

At Slades & Parsons, our experienced criminal defence lawyers understand the complexities of how these factors influence the court’s decisions. We work diligently to present the most compelling defence possible, aiming to mitigate the severity of the charges and achieve the best possible outcome for our clients.

Property offences are offences characterised by taking something from another person or entity without permission. They range from minor shoplifting to large-scale sophisticated fraud. Common examples include handling stolen goods, burglary, aggravated burglary, robbery, armed robbery, and obtaining property by deception. Newer offences introduced in response to gang-related activity include home invasion, aggravated home invasion, carjacking, and aggravated carjacking. Other property-related offences include extortion, blackmail, and arson.

Burglary involves unlawfully entering a building with intent to commit a crime – typically theft – inside. Aggravated burglary is more serious: the offender enters a building knowing or believing someone is or may be present, and is armed or uses violence. Armed robbery is distinct in that it directly threatens the victim through the use of a weapon or force – it is a form of robbery rather than a trespass offence. Both aggravated burglary and armed robbery are serious criminal offences carrying heavy penalties due to the risks they pose to personal safety.

The court assesses severity based on the nature of the offence, the presence of any weapons, the degree of force used, whether the property was occupied at the time, and the physical or psychological impact on the victims. The defendant’s criminal history and any aggravating or mitigating circumstances are also considered. A matter involving an armed robbery with threats of violence will be treated far more seriously than a burglary involving no personal confrontation or injury.