>[!info] [s. 76(1) Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s76.html "Burglary") — A **person** is guilty of burglary is he **enters** any building or part of a building as a **trespasser** with **intent** to; **steal** anything in the building or part in question; or to commit an offence involving an **assault** to a person in the building or part in question; or involving any **damage** to the building or to property in the building or part in question. >[!success] The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#5138.htm "Charge Book - Burglary") relating to this matter. # Example LeBron goes into Magic's house with the intent to damage his walls. Whilst inside the house, LeBron kicks several walls through, causing above $7,000 in damage to the property that he was not allowed or given permission to enter. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence heard at the Magistrates' Court. # Points of Proof 1. Identity 2. [[24.13 Trespass]] 3. [[21.04 Theft]]; or [[23.03 Cause Injury Intentionally or Recklessly]]; or [[21.02 Criminal Damage]]