Break and Enter NSW
There are a number of break and enter offences outlined in Part 4 of the Crimes Act 1900. The offences are as follows:
- Breaking out of a dwelling house after committing an indictable offence (section 109, maximum penalty 14 years).
- Entering a dwelling house with the intention to commit an indictable offence (section 109, maximum penalty 14 years)
- Entering a dwelling house with the intention of committing a serious indictable offence (section 111)
- Breaking, entering and committing a serious indictable offence (section 112)
- Breaking and entering with the intention of committing a serious indictable offence (section 113)
- Being armed with an intention to commit an indictable offence (section 114)
The offences under sections 109, 111, 112 and 113 may be committed in circumstances of aggravation, rendering an accused potentially liable for a higher penalty.
The elements of these offences vary. Our lawyers will be able to step through them with you during your appointment.
What is a ‘serious indictable offence’?
The Crimes Act defines the term ‘serious indictable offence’ as an indictable offence which is punishable by imprisonment for 5 years or more.
The judge will consider the ‘seriousness’ of the offence during sentencing.
How can I defend myself?
If you have been with a break and enter offence it is vital that you seek legal advice. An experienced criminal lawyer will be able to advise you on how to plead and whether there are defences available, such as duress.