Low Level Sentence
While the maximum penalty for a burglary can be either 14 years imprisonment or life, very rarely do people receive such a penalty. In the matter of R v McInerney , Lord Woolf CJ said that the starting point for a burglary offence should be a community sentence. A sentence of this nature to be given would require a non-existent to limited criminal history, no damage having been done to the property, and no or very little property stolen.
What is an aggravated burglary offence and what is the likelihood of a maximum penalty being imposed?
If a charge has been aggravated, it is probably because you either committed the offence at night; used violence or threatened to use violence; pretended to be armbed with a dangerous weapon, instrument or substance; committed the offence with one or more people; or, damaged or threatened to
The general starting point for an aggravated charge of burglary is 54 months imprisonment. See R v McInerney .
However, it may be the case that the burglary offence was not entirely your fault, or that there is a mistake. Many people often ask if there are any defences to a burglarly charges. These would include:
- necessity; or
- honest claim of right.
Mitigating the Sentence
If a person is found guilty or intend to plead guilty to a burglary charge, it is necessary to seek legal help regarding sentencing options. Our lawyers assist clients with understanding and assisting clients with their available options.
Get Free Advice
If you are facing a burglary charge or a charge of similar nature, we are able to offer you a Free Initial Consultation. Should you want our firm to represent you after meeting with us, we may be able to make an application to Legal Aid for your legal representation costs. Either call us on 1800 200 357 or get in touch with us via our contact form.
Ross D, Ross on Crime (6th ed ,Lawbook Co, Sydney, 2016) pp 233 – 234.
Criminal Code 1899 Act (Qld), s 419.