What are the penalties for burglary?

In Victoria, the offence of burglary is defined under section 76 of the Crimes Act 1958 (Vic). The elements of the offence are:

  • The accused entered a building or part of a building;
  • The accused did so as a trespasser;
  • The accused intended to steal something or commit an offence punishable by imprisonment;
  • The accused intended to do so without the consent of the owner or occupier of the building or part of the building.

If all of these elements are satisfied beyond reasonable doubt, the accused may be found guilty of burglary.

Sentence for burglary

Burglary is a serious criminal offence in Victoria, and carries liability for a maximum penalty of 10 years’ imprisonment.

It’s important to note that these are the maximum penalties, and the actual penalty imposed will depend on the specific circumstances of the case and any mitigating or aggravating factors that may be present.