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Break and Enter Offences

What are Break and Enter Offences?

Break and enter offences are taken seriously by the courts and on conviction, a person can face very serious penalties.

The offence of Break and Enter is found within section 112(1) Crimes Act 1900 (NSW).

Where the offence is alleged to have occurred in circumstances of Aggravation, you will be charged with an offence under Section 112(2) Crimes Act 1900 (NSW).

Where the prosecution cannot prove Break and Enter, you may be charged with Entering a dwelling-house with the intention to commit a serious indictable offence pursuant to section 111 Crimes Act 1900 (NSW). This can also occur in circumstances of aggravation.

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Our criminal defence firm has extensive experience in representing clients charges with Break and Enter Offences.

When to reach out to a criminal defence lawyer

If you have been charged with Break and Enter, it is vital to speak to an expert criminal lawyer for advice tailored to your particular circumstances.

Our criminal lawyers handle these cases on a daily basis and are available 24/7 to discuss the details of your case.

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FAQ

Common Assault is a criminal offence pursuant to section 61 Crimes Act 1900 (NSW).

Common Assault is where you have intentionally or recklessly caused another person to apprehend immediate and unlawful violence. The allegation can relate to a non physical or physical act.

It is worth noting that the prosecution do not allege any injuries with this particular assault offence.

This means that the police allege you have committed the offence:

  • Being armed with an offensive or dangerous weapon;
  • Being in the company of another person(s);
  • Using corporal violence on a person;
  • Intentionally or recklessly inflicting actual bodily harm on a person;
  • Depriving another of their liberty;
  • Knowing there is a person or persons in the place where the alleged offending occurred.

Yes, some available defences are:

  • Your act did not amount to a ‘break’ (for example where the door or window was partly opened and so you did not tamper with the security of the house or building;
  • You had authority to enter the house or building;
  • Where the offence alleged to have been committed inside the building does not carry a maximum penalty of 5 years or more, thereby not a strictly indictable offence;
  • When charged with break and enter and ‘steal’, you had a claim of right and therefore had a right to take the item;
  • You had no intention to commit an offence when entering the building;
  • You entered the wrong building by mistake;
  • You didn’t ‘enter’ the building;

It is not guaranteed, however the court must have regard to the Guideline Judgment of R v Ponfield (1999) 48 NSWLR 327.

This Guideline guides the court to consider certain present factors which would enhance the seriousness of the sentence.

This could ultimately lead a person to receive a full time custodial sentence.

In order to be found guilty of a break and enter offence, the police must prove the following elements:

  1. You committed a ‘break’;
  2. You entered the house or building;
  3. You then committed a further offence that carries a maximum penalty of at least 5 years – for example, stealing or assaulting a person.

Break and Enter carries a maximum penalty of 14 years imprisonment. Where the offence is aggravated, the maximum penalty may increase to between 20 to 25 years imprisonment.

The offence of Entering a dwelling house with the intent to commit a serious indictable offence carries a maximum penalty of 10 years imprisonment. Depending on the circumstances of aggravation, the maximum penalty can be increased to between 14 to 20 years imprisonment.

Where a Plea of Guilty is entered at the earliest opportunity, you will receive a reduction in your penalty by 25% on sentence.

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