Break and enter offences

BREAK AND ENTER OFFENCES – PENALTIES AND DEFENCES IN NSW

BREAKING INTO A HOME OR BUILDING IN NSW CAN LEAD TO SERIOUS CRIMINAL PENALTIES – HERE’S WHAT YOU NEED TO KNOW.

WHAT ARE THE PENALTIES FOR BREAK AND ENTER OFFENCES IN NSW?

Break and enter offences are governed by the Crimes Act 1900 (NSW) and carry significant penalties, depending on the specific charge and the circumstances of the offence.

Below is a breakdown of the maximum penalties for common break and enter-related offences:

Offence	Maximum Penalty
Break, enter and commit a serious indictable offence	14 years imprisonment
Break and enter with intent to commit a serious indictable offence	10 years imprisonment
Enter a dwelling house with intent to commit a serious indictable offence	10 years imprisonment
Being armed with intent to commit an indictable offence	7 years imprisonment
Break out of a dwelling house after committing or intending to commit an indictable offence	14 years imprisonment
Being a convicted offender armed with intent to commit an indictable offence	10 years imprisonment
Break, enter and assault with intent to murder	25 years imprisonment

⚠️ These are maximum penalties – typically reserved for the most serious or aggravated cases. Many offenders receive significantly lower penalties, especially if represented by an experienced defence lawyer.

HOW DO COURTS DETERMINE THE PENALTY?

Courts in NSW assess the seriousness of each case based on a wide range of aggravating and mitigating factors, including:

Aggravating Factors (that may increase penalty):

Whether you were on bail or parole at the time
Premeditation or planning of the offence
Presence of vulnerable persons (e.g. elderly, sick, children)
Property damage or vandalism
Repeat targeting of the same victim or location
High monetary or sentimental value of stolen items
Violence, threats or use of weapons
Psychological or physical trauma to victims

Mitigating Factors (that may reduce penalty):

Lack of criminal record
Youth or immaturity
Mental health issues or drug addiction
Cooperation with police
Early guilty plea
Evidence of remorse or rehabilitation
No actual theft or violence

HOW LIKELY IS A JAIL SENTENCE?

According to sentencing statistics in NSW:

Around half of all break and enter offenders receive a prison sentence
Aggravated offences (e.g. armed, violent, or repeat conduct) result in jail time for about 64% of offenders
For non-aggravated offences, the figure is closer to 49%
Offenders with a prior criminal record are significantly more likely to be sentenced to custody

However, not all break and enter matters end in imprisonment. With proper legal representation, alternatives such as:

Good behaviour bonds
Community Correction Orders (CCOs)
Intensive Correction Orders (ICOs)
Fines or Conditional Release Orders

…may be possible, depending on your circumstances.

POSSIBLE DEFENCES TO BREAK AND ENTER CHARGES

Common legal defences may include:

You had a legal right to be on the premises
Mistaken identity – the prosecution cannot prove you were the offender
Lack of intent – you did not intend to commit a serious indictable offence
No break-in occurred (e.g. the premises was open, or you were invited in)
Duress or necessity
Mental health defence under the Mental Health and Cognitive Impairment Forensic Provisions Act

Every case is unique. A skilled criminal lawyer will carefully examine the evidence, identify legal or factual weaknesses in the prosecution’s case, and develop the most effective defence strategy.

WHY CHOOSE CRIMINAL LAWYERS GROUP?

At Criminal Lawyers Group, we are highly experienced in defending all types of break and enter offences — from less serious matters to complex and aggravated charges.

We are known for: