If a person enters someone’s property, without their consent, and commits an offence they can be charged with burglary. People have a pre-conceived notion that burglary means breaking into a house at night and stealing from the premises. It is committing any offence in the house or a commercial property if you’re not invited in.
A burglary has been committed if a man, enters his estranged wife’s house without her permission and puts his fist through the wall. The offence is criminal damage and his conduct amounts to burglary. The offence becomes more serious if the burglary is aggravated. That would be the case if the man entered his estranged wife’s house, without her permission, and threatened to kill her.
Circumstances of aggravation means circumstances in which the offender:
- is or pretends to be armed with a dangerous or offensive weapon or instrument;
- is or pretends to be in possession of an explosive substance;
- is in company with another person or other persons;
- does bodily harm to any person;
- threatens to kill or injure any person;
- detains or confines any person in any place; or
- immediately before the commission of the offence the offender knew or ought to have known that there was another person in the place.
A less serious example of a aggravated burglary is if two persons enter a vacant house and drink a coke from the fridge.
Should you, or anyone you know, need any help, in relation to burglary, or any other offences, contact Lawson Legal for a free initial consultation with one of our experienced criminal lawyers.