Q: My brother is up for burglary. This would be his third. I’ve heard of the three strike rule but I don’t know how it works – can you explain it? I know you get a third off for pleading guilty – is it the same with a third strike burglary?
A: Offenders who are convicted of a third burglary of a dwelling (also referred to as a ‘domestic burglary’) will receive a minimum sentence of three years, where all three burglaries were committed after 30 November 1999. This minimum sentence applies in all cases, unless there are particular circumstances that would make it unjust to impose such a sentence.
A guilty plea at the first opportunity usually attracts a 1/3rd discount on the sentence imposed. In relation to a third burglary offence, the sentence may still be discounted but this discount must not reduce the sentence to below 80% of the statutory minimum (28.8 months, 124.8 weeks or 876 days).
The sentencing guideline for burglary can be found here