It is an offence to break into a premises or house and steal property or commit any other serious indictable offence in New South Wales. A ‘serious indictable offence’ is any offence that carries a term of at least 5 years imprisonment.
Even if you enter by an unlocked but closed window, gate or door you will still be charged with break and enter.
There is no need for actual breaking, therefore you may still be charged if you break and entered into a house or premises and commit a serious indictable offence while inside, such as stealing or seriously assaulting someone.
The Law and penalties
The offence of Break, Enter and Steal or Break, Enter and Commit Serious Indictable Offence is contained in section 112 of the Crimes Act 1900 and states:
- (1) A person who:
- (a) breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
- (b) being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building, is guilty of an offence and liable to imprisonment for 14 years.
- (2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
- (3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
Aggravation includes where you:
- Knew that people were inside the house;
- Deprive another person of their liberty;
- Are in the company of another person/s at the time of the offence;
- Are armed with an offensive weapon or instrument;
- Inflict actual bodily harm on another person;
- Inflict corporal (physical) violence upon another person.
Special Aggravation includes where you:
- Intentionally wound or inflict grievous bodily harm upon another person;
- Recklessly inflict grievous bodily harm (really serious harm) upon another person;
- are armed with a dangerous weapon.
Court options
You can either plead guilty or not guilty for Break and Enter charges.
If you decide to plead not guilty in court for break and enter charges, we recommended that you first speak to our criminal defence lawyer before you enter a plea.
You also have the option to plead guilty, which requires proper preparation before the court date.
Our criminal defence team is here to support you while you go to court. We understand that being charged with break and enter can be a stressful and tough experience.
We offer a free first consultation to discuss your legal options and the particulars of your case.
