Page updated on: Friday April 23, 2010
Tom’s parents’ neighbours are on holiday overseas and his mum is feeding their cat. He takes the key one night while his parents are sleeping and enters into the neighbours’ house. He steals their TV set (worth $500), DVD player ($150) and computer ($1500).
After an investigation, the Police charge Tom with burglary.
Offence:
Burglary – section 346 of the Crimes Act 1961
It is an offence to enter any building without authority and with intent to commit a crime in the building or ship.
In this case, Tom has been charged with burglary because he entered the neighbours’ house with intent to steal the TV (theft).
Penalty:
There is a maximum penalty of 10 years imprisonment for burglary.
Likely sentence:
Burglary is a serious offence and Tom can expect community work, rather than a fine. He is likely to get around 100 hours of community work, plus having to pay court costs of $130. If the property isn’t recovered, he will also have to pay $2150 reparation for loss of property to the neighbours.
Special note:
A conviction for burglary also gives the Police the power to require a DNA sample to be given under the Criminal Investigations (Bodily Sample) Act. This sample can be kept by the Police indefinitely.