Burglary Lawyer Sunshine Coast
If you have been charged with a burglary-related offence, speak to our experienced criminal lawyers for immediate advice.
Professionals in Burglary Law
Our criminal defence solicitors can help you achieve an optimal result for your burglary charge. We have experience representing clients dealing with charges related to burglary, including:
- Non-aggravated burglary
- Aggravated burglary
- Breaking and entering
- Home invasion
- Assault
- Armed robbery
Trusted Legal Representation with Transparent Pricing
Greenhalgh Pickard offers transparent, fixed-fee consultations. This means, you will know exactly how much you will spend when you sit down with us.
Defences Used For Burglary Charges
Depending on the facts of your case, we will use one of the following defences to dispute your charges.
Duress
Property seal was not broken
Necessity
Offence did not occur at night
Belief of right to be in property
No evidence of aggravation
Intoxication
Identity can’t be proven
Queensland Penalties for Burglary
In Queensland, the maximum penalty for burglary varies, depending on the offence you have been charged with.
Entering the dwelling of another person with intent to commit an indicatable offence is 14 years imprisonment.
Entering a dwelling by means of any break is imprisonment for life.
If the burglary occurs at night time the penalty is further increased as.
Burglary that uses or threatens to use actual violence may result in lifetime imprisonment.
Pretending to be armed with a dangerous or offensive weapon, instrument or noxious substance may result in lifetime imprisonment.
Burglary committed in company with 1 or more persons may result in lifetime imprisonment.
Burglary offences that damage, or threatens or attempts to damage, any property may result in lifetime imprisonment.
Criminal Law FAQs
What type of offence is burglary?
Section 419 of the Criminal Code Act 1995 (Qld) states “Any person who enters or is in the dwelling of another with intent to commit an indictable offence in the dwelling commits a crime”.
The term “dwelling” has a wide meaning and includes a building or even part of a building used as a residence, regardless if it is occasionally uninhabited.
The offence of burglary differs from the less serious offence of trespass. Where trespass requires that the offender unlawfully entering or remaining at a dwelling, Burglary may apply where it is proven the offender intended to commit an offence while inside a dwelling.
A burglary may be made out in a range of situations, including:
- Entering a neighbour’s house through a back door left ajar with the intention of stealing their possessions.
- Reaching through an open window of a house in an attempt to steal a wallet from a bedside table.
- Entering a house through an open front door with the intention of assaulting the occupant.
What is aggravated burglary?
A burglary is aggravated if any of the following circumstances accompany the offence of burglary:
- the offence is committed at night;
- the offender uses or threatens violence;
- the offender is, or pretends to be, armed with a weapon, instrument or noxious substance;
- the offender is in company with one or more other persons;
- the offender damages or attempts or threatens to damage property;
- an indictable offence is actually committed whilst in the dwelling (such as assault, rape or murder).
What is the maximum penalty for burglary in Australia?
Do I have to participate in a police interview?
No, you have the right to remain silent during a police interview. Silence does not infer guilt. However, if you participate in a police interview, this cooperation can be used as a mitigating factor later at sentencing.
You must however answer any personal questions, such as your name, address, date of birth etc.
You can request a lawyer if you are not sure whether to continue with the interview.
Can police search me, my house or car without a warrant?
Police can only search you without a warrant if there is a reasonable suspicion you have committed or are going to commit a crime.
Can I represent myself?
Yes. However, it is recommended you seek legal advice to ensure you are fully advised of the consequences of your offence, including potential penalties.
What should I wear to court?
You should dress neat and formally. You do not have to wear a suit.
Greenhalgh Pickard’s Criminal Law Team
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