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.
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.
In order to be found guilty of a break and enter offence, the police must prove the following elements:
You committed a ‘break’ – this can mean an actual break of an object such as a door or a window, but it also means un-latching a window or opening a closed door that was not locked.
You entered the house or building;
You then committed a further offence that carries a maximum penalty of at least 5 years – for example, stealing or assaulting a person.
Circumstances of aggravation for both offences include but are not limited to:
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.
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;
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;
Where a ‘steal’ offence was committed, you had lawful claim of right.
It is a very serious offence to plead guilty to and it is highly recommended you speak with a criminal lawyer who specialises in Break and Enter offences.
It is a good idea to obtain a Psychological Report for sentence in order to provide the Judge with as much detail as possible about you in mitigation.
25% Utilitarian Discount
Where a Plea of Guilty is entered at the earliest opportunity, you will receive a reduction in your penalty by 25% on sentence.
