NSW GOVERNMENT’S PROPOSED CHANGES TO BREAK AND ENTER OFFENCE

The criminal offence of Break and Enter is a serious indictable offence that can result in severe consequences. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of Break and Enter.

This article examines the current Break and Enter criminal offence and the NSW Government’s proposal to amend the legislation governing the offence.

If you or anyone you know have been accused or charged with the criminal offence of Break and Enter, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.

WHAT IS THE CRIMINAL OFFENCE OF BREAK AND ENTER?

Break and Enter offences are established by Part 4, Division 4 of the Crimes Act 1900 (NSW), with the most common Break and Enter offence being Section 112 of the Act, titled ‘Breaking etc into any house etc and committing serious indictable offence’. This criminal offence is defined as having been committed when a person:

Breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
Being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building,

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF BREAK AND ENTER UNDER S112?

Section 112 of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 14 years imprisonment for a conviction of the criminal offence of Break and Enter under this section.

If the person commits the offence in circumstances of aggravation, the offender is liable to a term of imprisonment of up to 20 years, whilst a maximum penalty of 25 years imprisonment applies for a conviction of the offence in circumstances of special aggravation.

Other penalties available for a conviction of the criminal offence of Break and Enter include an Intensive Corrections Order (ICO), Community Corrections Order (CCO), Community Release Order (CRO) and a Fine.

WHAT ARE CIRCUMSTANCES OF AGGRAVATION?

Circumstances of Aggravation for the purpose of the criminal offence of Break and Enter refer to circumstances involving any one or more of the following—

The alleged offender is armed with an offensive weapon, or instrument,
The alleged offender is in the company of another person or persons,
The alleged offender uses corporal violence on any person,
The alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
The alleged offender deprives any person of his or her liberty,
The alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

WHAT ARE CIRCUMSTANCES OF SPECIAL AGGRAVATION?

Circumstances of special aggravation refer to circumstances involving any or all of the following:

The alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
The alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
The alleged offender is armed with a dangerous weapon.

NSW GOVERNMENT PROPOSES CHANGES TO BREAK AND ENTER CRIMINAL OFFENCE

The NSW Government introduced the Crimes Amendment (Breaking and Entering Offences) Bill 2026 which seeks to amend the Crimes Act 1900 (NSW) in response to the decision of the High Court of Australia in BA v The King [2023], to provide that a person may be found guilty of Break and Enter, regardless of the accused person’s legal or equitable interest in the premises the subject of the offence, if the accused person—

Enters a dwelling-house of which the accused person is not an occupant, and
Commits or intends to commit a personal violence offence against the accused person’s

current or former intimate partner.

CAN I GET BAIL FOR A CHARGE OF BREAK AND ENTER?

Yes, you may be granted bail on a charge of Break and Enter. Our expert criminal lawyers at Criminal Lawyers Group were awarded the best law firm in NSW for securing bail for our clients who have been charged with serious criminal offences, including Break and Enter.

CONTACT CRIMINAL LAWYERS GROUP NOW

If you or anyone you know have been accused or charged with the criminal offence of Break and Enter, contact our specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, bail and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of Break and Enter.