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Written by
Greg Barns
Criminal Defence Lawyer


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Fraud / Dishonesty / Theft Offences - TAS
Welcome to the TAS Burglary article page. Everything you need to know about Burglary according to TAS law - Dated: 09/01/2009

What the Law States according to TAS Law for Burglary
According to TAS Law for the charge of Burglary,

Criminal Code Act 1924 – SECT 244

244. Burglary

Any person who enters any place to which this chapter applies as a trespasser, or by means of any threat, artifice, or collusion, with intent to commit a crime therein, is guilty of a crime, which is called burglary.

Charge: Burglary.

The Maximum Penalty - Burglary
According to TAS Law for the charge of Burglary,

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

 

If the crime is tried summarily the maximum term of imprisonment that a court of petty sessions may impose is –

(a) 12 months for a first offence; or

(b) 5 years for a second or subsequent offence

What the Police must prove according to TAS Law for Burglary

(a) The accused entered any place.

(b) At that time the accused entered as a trespasser, or by means of any threat, artifice, or collusion.

(c) The accused had the intention of committing a crime.

Possible Defences under TAS Law - Burglary

(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Legal right to enter.

In TAS which court will hear the matter - Burglary

Magistrates Court or Supreme Court depending upon whether summary jurisdiction is elected.

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