Break and Enter

THINGS YOU NEED TO KNOW:

1. Break and Enter is a serious indictable offence under Sections 112 and 113 of the Crimes Act 1900 (NSW).
2. A number of defences against a conviction of Break and Enter are available.
3. The maximum penalty available to the Court for the criminal offence of Break and Enter is a term of imprisonment of 25 years.
4. Break and Enter matters are heard in the Local Court and District Court.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for obtaining not guilty verdicts and the withdrawal of charges for clients charged with the criminal offence of Break and Enter.

The criminal offence of Break and Enter is a serious offence and can have severe consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF BREAK AND ENTER?

BREAK AND ENTER AND COMMIT SERIOUS INDICTABLE OFFENCE

Section 112 of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to:

• Break and enter any dwelling-house or other building and commit any serious indictable offence therein, or
• Be in any dwelling-house or other building and commit any serious indictable offence therein and break out of the dwelling-house or other building.

A person convicted of the criminal offence of Break and Enter and commit serious indictable offence pursuant to Section 112 of the Crimes Act 1900 (NSW) is liable to a maximum penalty of 14 years imprisonment.

If the criminal offence of Break and Enter and commit serious indictable offence is committed in circumstances of aggravation, the maximum penalty is increased to 20 years imprisonment. If committed in circumstances of special aggravation, the maximum penalty is increased to 25 years imprisonment.

BREAK AND ENTER WITH INTENT TO COMMIT SERIOUS INDICTABLE OFFENCE

Section 112 of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to break and enter any dwelling-house or other building with intent to commit any serious indictable offence. A person convicted of this offence is liable to a maximum term of imprisonment of 10 years.

If committed in circumstances of aggravation, the maximum penalty is increased to imprisonment of 14 years. If committed in circumstances of special aggravation, the maximum penalty is increased to 20 years.

WHAT ARE CIRCUMSTANCES OF AGGRAVATION?

It is important to understand what are the circumstances of aggravation, as the existence of such circumstances have a bearing on the potential penalty. Section 105A of the Crimes Act 1900 (NSW) defines Circumstances of Aggravation as circumstances as 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?

Section 105A of the Crimes Act 1900 (NSW) defines Circumstances of Special Aggravation as circumstances as 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.

WHAT DOES THE PROSECUTION NEED TO PROVE?

You will beat a Break and Enter charge if the prosecution cannot prove beyond reasonable doubt that you committed any of the following:

• Break and enter any dwelling-house or other building and commit any serious indictable offence therein, or
• Be in any dwelling-house or other building and commit any serious indictable offence therein and break out of the dwelling-house or other building, or
• Break and enter any dwelling-house or other building with intent to commit any serious indictable offence.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF BREAK AND ENTER?

Did not commit the act: That you did not commit the act that the prosecution alleges.

Duress: You may defend a Break and Enter charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of Break and Enter in circumstances where the criminal offence must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT ARE SOME EXAMPLES OF THE CRIMINAL OFFENCE OF BREAK AND ENTER?

Examples of actions that may constitute the criminal offence of Break and Enter include, but are not limited to:

• Breaking down someone’s front door to their house and stealing their wallet and jewellery from their bedroom.
• Cutting the padlock of a gate to a construction site and stealing tools and material from the premises.
• Breaking a window to enter a house and pointing a gun at the homeowner as you demand their car keys.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF THE OFFENCE OF BREAK AND ENTER?

If you are convicted of the criminal offence of Break and Enter, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence, including any aggravating factors
• The level of violence, if any
• Criminal history, particularly involving similar offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities

WHAT COURT ARE BREAK AND ENTER OFFENCES HEARD IN?

The criminal offence of Break and Enter is heard in the Local Court and District Court.

If the matter is finalised in the Local Court, the maximum sentence available is 2 years imprisonment.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including Break and Enter offences in the Local Court and District Court.

CAN I GET BAIL FOR A BREAK AND ENTER CHARGE?

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

WHAT ARE YOUR OPTIONS?

When facing a Break and Enter charge, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.