Charged with break and enter?
Break and enter charges can range from an allegation of entering a property with an intention to commit an offence through to much more serious aggravated charges. The prosecution case may depend on identification, CCTV, fingerprints or DNA, possession of property, messages, location evidence and what police say you intended to do inside the premises.
The serious indictable offence alleged after entry may be theft, assault, a sexual offence or another offence carrying at least five years' imprisonment.
The exact charge matters. There is an important difference between an allegation that a person entered intending to commit a serious offence and an allegation that the offence was actually committed after entry. Aggravating features can increase the seriousness further.
How we can help you
We can test the identification and forensic evidence, examine the alleged entry and intention, and assess whether any aggravating feature is actually supported. From there, we can advise whether the matter should be defended, negotiated or prepared for sentence, while also dealing with any urgent bail or court requirements.
Before a police interview or court date
If police want to interview you about a break and enter allegation, obtain legal advice before deciding whether to participate. Issues of identification, entry, presence at the location and alleged intention may be important.
Keep your Court Attendance Notice, bail papers and any search or property-seizure documents. Preserve CCTV, messages, location records and other material that may assist with identification or context.
What police need to prove
A break and enter charge may require the prosecution to prove an unlawful break, entry into the premises and either an intention to commit, or the actual commission of, a serious indictable offence. Each part of that allegation should be examined separately.
Why the exact charge matters
Break and enter offences are divided into standard, aggravated and specially aggravated categories. The category affects what the prosecution must prove and the maximum penalty, with aggravated and specially aggravated charges treated more seriously.
When police allege aggravating circumstances
A charge may be aggravated where police allege an additional feature such as a weapon, another participant, violence, injury, detention or knowledge that someone was inside the premises.
The prosecution must still prove the particular aggravating circumstance it relies on. It is not enough that the underlying break and enter charge is proved.
When the allegation is treated more seriously
A specially aggravated charge involves an even more serious allegation, such as being armed with a dangerous weapon, intentionally wounding or causing grievous bodily harm, or recklessly causing grievous bodily harm.
These are serious allegations and the exact factual basis of the aggravating feature should be tested carefully against the evidence.
Defending a break and enter charge
A defence may involve disputing entry, identification, the alleged intention, participation in the offence or an aggravating feature. The issues depend on the charge and the evidence relied on by the prosecution.
Preparing to speak with a lawyer
Have your Court Attendance Notice, bail papers and police facts available. Tell us about any CCTV, messages, witnesses, forensic evidence or other material that may bear on identification, entry or intent.
Sources
Crimes Act 1900 (NSW) — Part 4 break and enter provisions.
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
