Criminal Defence Case Studies
Aggravated Burglary, Assault & Theft
Court: County Court of Victoria Melbourne
Charges: Aggravated burglary Crimes Act 1958 (Vic), Common law assault, Theft Crimes Act 1958 (Vic)
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Case Overview
This case study involves a client facing three serious charges, aggravated burglary, common assault, and theft, arising from an alleged late-night home invasion.
The prosecution alleged multiple offenders forced entry into a residential property occupied by six people, including children and grandchildren. While one co-offender committed a physical assault, our client was accused of being present, taking stolen items, and participating in the incident.
Through careful case preparation and strategic negotiations, we secured a significant charge reduction and a total effective sentence well below the prosecution's starting position.
Case Background
The prosecution alleged that:
- The front door was kicked in and multiple offenders entered the home.
- Demands were made for money and property.
- Alcohol and jewellery were taken.
- One co-offender assaulted the homeowner, causing serious injury.
- Our client was found in possession of stolen property before leaving the scene.
DNA evidence and CCTV footage were relied upon to link our client to the incident. Several family members required ongoing counselling due to the trauma.
Our Defence Strategy
Our Lawyers:
Distinguished our client's role from co-offenders, showing they were not responsible for the serious injury inflicted.
Negotiated the removal of the most serious injury-related charge, replacing it with common assault.
Highlighted our client's absence of prior criminal history and demonstrated rehabilitation.
Tendered strong family support evidence and psychological materials.
Addressed deportation risks due to our client's non-citizen status, emphasising the hardship of separation from family in Australia.
Outcome
- Total effective sentence: 5 years and 3 months' imprisonment
- Non-parole period: 3 years and 3 months
- s 6AAA declaration: Without the guilty plea, the sentence would have been 7 years and 6 months with a 5 year and 6-month non-parole period
The outcome reflected both the removal of the most serious charge and a substantial sentencing discount from the early plea.
Why This Case Matters
This case shows how experienced burglary and theft lawyers in Melbourne can reduce the most serious charges through negotiation, limit sentencing exposure by clarifying a client's true role in group offending and present strong mitigation to achieve a better outcome, even where multiple victims and significant harm are alleged.
Frequently Asked Questions – Aggravated Burglary & Theft in Victoria
What is aggravated burglary?
Entering a building as a trespasser with intent to commit an offence while armed or knowing a person is inside.
What is the penalty?
Up to 25 years’ imprisonment for aggravated burglary; up to 10 years for theft.
Can these charges be defended?
Yes, possible strategies include disputing intent, identity, or role in the alleged offending.
Do I need a lawyer if pleading guilty?
A skilled criminal lawyer can secure charge reductions, present persuasive mitigation, and achieve a significantly reduced sentence.
Yes, particularly where the offending is linked to personal vulnerabilities, rehabilitation prospects are strong, and the defence presents a compelling case for community-based sentencing.
DISCLAIMER
This is a real case study from an actual matter in our files. We always change details in our case studies to protect client confidentiality, but the charge and the outcome are exactly as they occurred in court. We publish these case studies to give a genuine insight into the types of results we achieve and the range of sentences that may be imposed. Every case is different, and we can't guarantee the same result in your matter. We choose to share some cases because they are representative of typical results, and others because they stand out for exceptional outcomes.