Under New South Wales law, it is a criminal offence to unlawfully break into and enter a dwelling or other building and commit a serious indictable offence. A serious indictable offence is one punishable by five years or more in prison. Common examples include:
Assault occasioning actual bodily harm.
Larceny (theft).
Non-consensual sexual activity.
It is important to note that in New South Wales, a separate offence exists where a person unlawfully breaks and enters a dwelling or other building with the intent to commit a serious indictable offence, even if the intended offence is not actually committed. While this is still treated as a serious criminal offence, the penalties are less severe compared to those applicable when the serious indictable offence is in fact carried out after entry.
A person may face charges if they:
Damage or force open an entry point (e.g. door, window, lock).
Enter a building or structure (residential or commercial).
Carry out or intend to carry out a serious indictable offence inside.
The offence is divided into three categories based on the level of aggravation involved:
Standard Offence
No aggravating features.
Maximum penalty: 14 years' imprisonment.
Aggravated Offence
Involves certain aggravating circumstances (see below).
Maximum penalty: 20 years' imprisonment.
Specially Aggravated Offence
Involves more serious or violent circumstances (see below).
Maximum penalty: 25 years' imprisonment.
A charge becomes aggravated if any of the following apply:
The offender is armed with an offensive weapon or instrument.
The offender is acting with one or more other people.
The offender uses physical force on another person.
The offender intentionally or recklessly causes actual bodily harm.
The offender unlawfully detains someone.
The offender knows someone is present in the premises.
A charge becomes specially aggravated when:
The offender intentionally wounds or causes grievous bodily harm.
The offender recklessly causes grievous bodily harm, while being aware of the risk of causing harm to others.
The offender is armed with a dangerous weapon.
This offence is found under Section 112 of the Crimes Act 1900 (NSW). It is considered a serious criminal matter, and it is imperative that you seek legal advice if you are charged, or likely to be charged with this offence.
If you are facing charges related to break and enter, ED Legal offers expert legal representation. Our experienced criminal defence team can provide comprehensive advice, assess the evidence against you, and develop a strategic defence tailored to your case. ED Legal aims to achieve the best possible outcome, whether through negotiation, trial, or appeal. Given the seriousness of such charges, seeking prompt legal counsel is crucial. Contact ED Legal to ensure your rights are protected and to navigate the complexities of the legal system effectively.
