CASE STUDY: AVOIDING JAIL ON A SECTION 112 BREAKING AND ENTERING CHARGE
We recently represented a client charged under Section 112 for breaking and entering a commercial property. Our client had no prior criminal record and was motivated by financial hardship rather than malice or violence.
Our defence team conducted a thorough investigation and identified key mitigating factors, including:
- The client’s genuine remorse and willingness to make restitution.
- Lack of any damage caused during entry.
- No evidence of intent to harm or use violence.
By presenting these factors persuasively and negotiating effectively with the prosecution, we secured a non-custodial sentence for our client. The court imposed a community-based order and ordered compensation for the affected party, allowing our client to avoid jail and focus on rehabilitation.
This outcome highlights the importance of expert legal representation in serious matters like breaking and entering charges.
WHAT IS SECTION 112 BREAKING AND ENTERING?
Section 112 of the Crimes Act 1900 (NSW) defines the offence of Breaking and Entering a building or any part of a building with intent to commit an indictable offence, such as theft or another crime.
Breaking and entering is a serious criminal offence in New South Wales and carries severe penalties due to the violation of property and potential danger to occupants.
ELEMENTS OF SECTION 112 OFFENCE
To prove a charge under Section 112, the prosecution must establish that:
- The accused broke into a building or any part of a building.
- The entry was unauthorised and without consent.
- The accused intended to commit an indictable offence once inside (e.g., theft, assault, or damage).
The term “breaking” includes any act that creates or enlarges an opening, including opening doors or windows that were closed or locked.
For more information, see the NSW Legal Aid overview on breaking and entering.
PENALTIES FOR BREAKING AND ENTERING
Breaking and entering under Section 112 is an indictable offence, punishable by:
- Imprisonment for up to 14 years.
- Heavier sentences if aggravating factors exist (such as armed entry or violence).
- Fines and other penalties as determined by the court.
The NSW Sentencing Council provides detailed information on sentencing standards for offences including breaking and entering.
DEFENCES TO A SECTION 112 CHARGE
Common defences include:
- Lack of intent to commit an indictable offence upon entry.
- Consent or lawful authority to enter the premises.
- Mistaken belief that entry was lawful.
- Challenging the evidence of breaking or entering.
Learn more about your legal rights and defences on the LawAccess NSW website.
WHY CHOOSE CRIMINAL LAWYERS GROUP?
Being charged with breaking and entering can have life-changing consequences. At Criminal Lawyers Group, our criminal defence lawyers:
- Provide expert legal advice and case analysis.
- Explore all possible defences to protect your rights.
- Negotiate with prosecutors to achieve the best outcomes.
- Offer strong representation in court.
Our team is dedicated to guiding you through this complex process with professionalism and care.
NEED LEGAL ADVICE ON A SECTION 112 CHARGE?
If you have been charged with breaking and entering under Section 112 of the Crimes Act, it is critical to seek legal help immediately.
📞 Contact Criminal Lawyers Group today for a confidential consultation.