Facing a Stealing or Burglary Charge in Western Australia?
Being charged with stealing or burglary can be intimidating and confusing — especially if you never intended to commit a crime, or believe you’ve been wrongly identified.
These offences are treated very seriously under Western Australian law, and can carry harsh penalties, including imprisonment.
At Perrella Legal, our experienced criminal defence lawyers will help you understand the charges against you, protect your rights, and prepare the strongest possible defence.
What is Stealing?
Under Western Australian law, a person commits stealing if they fraudulently take or convert property belonging to another. This means taking something capable of being stolen, or using another’s property as one’s own, with intent to: permanently deprive the owner of it, use it as security, deal with it in a way it can’t be returned in its original condition, or use money as their own (even if planning to repay it). “Property” covers all real and personal property, money, and documents evidencing ownership or rights.
Stealing can occur openly or secretly and includes misuse of property under one’s control or authority. The offence is complete once the property is moved or dealt with physically.
To prove a charge of stealing, the prosecution must establish specific legal elements — including intent, ownership, and consent. If even one of these elements cannot be proven beyond reasonable doubt, the charge cannot stand.
“Property” covers all real and personal property, money, and documents evidencing ownership or rights.
Our lawyers will carefully examine the evidence to identify weaknesses in the prosecution’s case — for example, whether:
- You had a honest claim of right to the property;
- There was a mistake or misunderstanding; or
- The alleged taking was accidental or momentary.
Under the Criminal Code (WA), the maximum penalty for stealing is 7 years imprisonment. However, higher maximum penalties apply in “special cases” for stealing depending on the nature of the property and the circumstances of the offence:
- 8 years’ imprisonment – for stealing a motor vehicle and driving it dangerously or recklessly under the Road Traffic Act 1974.
- 10 years’ imprisonment – for stealing a testamentary instrument (e.g. a will), an aircraft, or property involving public officers, employees, company directors, or money/property received under a power of attorney or direction for payment.
- 14 years’ imprisonment – for stealing:
- From a person;
- In a dwelling (value over $10,000 or with violence or threats);
- From a vessel, vehicle, or goods in transit;
- From a wrecked vessel;
- From a public office;
- By unlocking a room or container with a key or instrument; or
- When the item stolen is a firearm.
What is Burglary?
A person can be charged with burglary if they enter a place without lawful authority, with the intent to commit an offence — usually stealing, but it may also involve assault or another offence.
Depending on what occurred, burglary charges fall into two main categories:
- Burglary and Commit – where an offence (such as stealing) was actually committed after entry; or
- Burglary with Intent – where the person allegedly entered intending to commit an offence, even if none took place.
Contrary to popular belief, there is no separate offence of “breaking and entering” in WA law. The prosecution does not need to prove forced entry — only that entry occurred without consent and that there was intent to commit an offence.
Burglary charges are also distinguished by location:
- Home burglary – entering a residence; or
- Burglary on a place – entering commercial or industrial premises.
Home burglaries are treated more seriously, and repeat home burglary offenders face mandatory minimum prison terms under WA sentencing laws.
Aggravated Burglary
A burglary becomes “aggravated” when certain circumstances make it more serious — for example, if the accused:
- Knew or ought to have known that someone was inside the premises;
- Was armed or in company with others; or
- Used or threatened violence during the incident.
Aggravated burglary offences are usually dealt with in the District Court, carry much higher maximum penalties, and often attract immediate imprisonment.
Even for first-time offenders, the impact of an aggravated burglary conviction can be life-changing — so it’s critical to seek legal advice early to ensure the charge is not overstated or unfairly applied.
Sentencing and Mandatory Penalties
Under the Criminal Code (WA), certain burglary-related offences committed during a home burglary attract mandatory minimum terms of imprisonment — particularly for repeat offenders.
For example:
- Adults convicted of three or more home burglaries must serve at least two years’ imprisonment;
- Juvenile offenders are subject to different sentencing rules, but can still face detention for serious or aggravated cases.
These restrictions on judicial discretion make strategic defence and charge negotiation essential.
How Perrella Legal Can Help
At Perrella Legal, we have extensive experience defending clients charged with burglary, stealing, and related property offences across Western Australia.
We can:
- Assess whether the prosecution can prove identity, intent, and unlawful entry;
- Determine whether an aggravated burglary charge has been properly applied;
- Identify any defences or evidentiary weaknesses that could lead to acquittal or reduction of charges;
- Negotiate with prosecutors to have the charge amended or downgraded (for example, to trespass); and
- Provide strong representation during plea negotiations and sentencing to achieve the most lenient outcome possible.
Our goal is always to protect your rights, minimise the consequences, and help you move forward with confidence.
Contact Perrella Legal today for confidential advice from an experienced burglary and stealing lawyer in Perth.
