According to VIC Law for the charge of Aggravated burglary,

Crimes Act 1958 - SECT 77

Aggravated burglary

77. Aggravated burglary

(1) A person is guilty of aggravated burglary if he or she commits a burglary and-

(a) at the time has with him or her any firearm or imitation firearm, any offensive weapon or any explosive or imitation explosive; or

(b) at the time of entering the building or the part of the building a person was then present in the building or part of the building and he or she knew that a person was then so present or was reckless as to whether or not a person was then so present.

(1A) For the purposes of subsection (1)-

explosive means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him or her for that purpose;

firearm has the same meaning as in the Firearms Act 1996;

imitation explosive means any article which might reasonably be taken to be or to contain an explosive;

imitation firearm means anything which has the appearance of being a firearm, whether capable of being discharged or not;

offensive weapon means any article made or adapted for use for causing injury to or incapacitating a person, or which the person having it with him or her intends or threatens to use for such a purpose.

(2) A person guilty of aggravated burglary is guilty of an indictable offence and liable to level 2 imprisonment (25 years maximum).

According to VIC Law for the charge of Aggravated burglary,

The maximum penalty for a charge of aggravated burglary is 25 years imprisonment.

The charge of aggravated burglary is defined as a significant offence. Significant offences are a new category of offences introduced to the Sentencing Act 1991 by the Sentencing Further Amendment Act 2011. Offenders who commit a significant offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

Please see table below for sentencing snapshot of aggravated burglary in the higher Courts:

 

Please see table below for sentencing snapshot of aggravated burglary in the Magistrates' Court:

 

 

1. Burglary  (see burglary)

2. Accused had at the time of the offence

3. a firearm or imitation firearm, an offensive weapon or an explosive or imitation explosive;

or

1. Burglary

2. Person present at the time

3. Accused knew they were there or was reckless as to whether person present

Factual dispute

Identification

Lack of requisite weapon

Not reckless as to person being present

The charge of aggravated burglary is heard in the County Court for first type or possibly in the Magistrates' Court for second type.