Criminal Defence Case Studies
Aggravated Burglary, Drug & Firearm Offences
Court: County Court of Victoria Melbourne
Charges: Aggravated burglary Crimes Act 1958 (Vic), Possess drugs of dependence Drugs, Poisons and Controlled Substances Act 1981 (Vic), Prohibited person in possession of a firearm Firearms Act 1996 (Vic), Recklessly deal with proceeds of crime Crimes Act 1958 (Vic), Possess ammunition Firearms Act 1996 (Vic), Possess currency, jewellery, and keys reasonably suspected to be proceeds of crime Crimes Act 1958 (Vic)
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Case Overview
This case study involves a client charged with multiple serious offences including aggravated burglary, firearm possession, drug offences, and proceeds of crime charges. The alleged offending occurred while our client was already subject to a Community Correction Order and bail, increasing sentencing risk.
Despite the seriousness of the charges, we achieved a total effective sentence of 3 years and 9 months' imprisonment with a non-parole period of 2 years and 6 months, a substantial reduction from the 5 years indicated without the early guilty plea.
Case Background
Police alleged our client:
- Unlawfully entered a residential property while armed with a screwdriver and confronted an occupant.
- Was later found with stolen property, drugs of dependence, and a handgun with ammunition.
- Was a prohibited person at the time of possessing the firearm.
A victim impact statement detailed the fear and distress caused by the aggravated burglary.
Our Defence Strategy
As experienced criminal defence lawyers in Melbourne, we:
Entered an early guilty plea at committal stage to secure both ordinary and additional utilitarian sentencing discounts.
Highlighted our client's young age and potential for rehabilitation.
Tendered evidence of Narcotics Anonymous participation and vocational training in custody.
Provided character references confirming behavioural changes and insight into triggers for offending.
Emphasised that the aggravated burglary was not committed in company, did not occur at night, and that our client left immediately after being confronted.
Distinguished the firearm offence from the burglary, showing they were unrelated events.
Invited the Court to consider the impact of mental health issues and substance use on moral culpability.
Outcome
Our client was sentenced to:
- Total effective sentence: 3 years and 9 months' imprisonment
- Non-parole period: 2 years and 6 months
The Court acknowledged the rehabilitation efforts, the early plea, and the time already served in custody. Without the plea, the sentence would have been 5 years / NPP 3 years.
Why This Case Matters
Offences involving burglary, dangerous driving, and drug possession, particularly when committed while on bail, regularly lead to prison sentences.
This case shows how a targeted legal defence can highlight vulnerabilities, address underlying issues, and secure a good behaviour bond instead of jail time.
Frequently Asked Questions – Aggravated Burglary & Firearms Offences in Victoria
What is aggravated burglary?
Entering a building as a trespasser with intent to commit an offence while armed or knowing someone is inside.
What is the penalty?
Up to 25 years’ imprisonment for aggravated burglary. Firearm offences can also carry significant custodial penalties.
Can these charges be defended?
Yes. Defence strategies may involve challenging identity, disputing intent, or contesting whether a weapon was involved.
What happens if offences are committed while on bail?
Yes. Defence strategies may involve challenging identity, disputing intent, or contesting whether a weapon was involved.
Do I need a lawyer if pleading guilty?
Yes. Even when pleading guilty, a skilled lawyer can reduce your sentence by presenting strong mitigation evidence.
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.