Being charged with a break-and-enter offence is punishable by imprisonment of 5 years or more. If the police charge you with this offence, you must understand what constitutes breaking and entering, and what you can do to defend yourself.

What are break-and-enter offences?

As enumerated in Part 4 of the Crimes Act of 1900, break-and-enter offences consist of the following: 

  • Breaking out of a dwelling house after committing an indictable offence (section 109 – carries a maximum penalty of 14 years).
  • Entering a dwelling house with the intention to commit an indictable offence (section 109 – carries a maximum penalty of 14 years).
  • Break, enter and assault with the intent to murder (section 110 – carries a maximum penalty of 25 years).
  • Entering a dwelling house with the intention of committing a serious indictable offence (section 111 – carries a maximum penalty of 10 years).
  • Breaking, entering and committing a serious indictable offence (section 112 – carries a maximum penalty of 14 years).
  • Breaking and entering with the intention of committing a serious indictable offence (section 113 – carries a maximum penalty of 10 years).
  • Being armed with an intention to commit an indictable offence (section 114 – carries a maximum penalty of 7 years).
  • Convicted offender and armed with the intent to commit an indictable offence (section 115 – carries a maximum penalty of 10 years).

Who commits a break-and-enter offence?

As defined by Section 112 of the Crimes Act 1900 (NSW), a person that commits a break and enter offence is: 

  • An individual who breaks and enters any house (dwelling) or any other building (property) and commits any serious indictable offence therein; or
  • A person found to be in a dwelling (house) or building that commits any serious indictable offence and breaks out of the dwelling (house) or building is guilty of a break-and-enter offence and is liable for imprisonment of up to 14 years.

What is a serious indictable offence?

The Crimes Act of 1900 defines “serious indictable offence” as an offence that is punishable by imprisonment of 5 years and more. Moreover, the judge will take into consideration the “seriousness” of the offence during the trial’s sentencing.

What needs to be proven to be convicted of a break-and-enter offence?

If you are charged with a break and enter offence, there are three elements that the police must prove for you to be convicted: 

  1. You broke into a dwelling, home, or building, by committing an “actual breaking.” Breaking into a dwelling or a building is different from merely entering it.
  2. It must be proven that you entered the property (house, building or land).
  3. You committed or intended to commit a “serious indictable offence.”

What do I need to do when charged with a break-and-enter offence?

If the police charge you with a break-and-enter offence, it’s important to seek legal advice from Orr Legal first. Nichole Oree will advise you on the available defences, how you can plead and whether can avoid imprisonment. Please contact us today for advice on any break-and-enter offence.