Break and Enter Charges in NSW

Breaking and Entering: What Is It and How Can You Be Charged?

The Crimes Act has several different types of break-and-enter offences, each with its own set of punishments. According to 112 of the Crimes Act, the most usually prosecuted crime is "break, enter and commit a major indictable offence," which includes "break, enter and steal."

It's understandable that you'd be concerned about the impact of a break-and-enter conviction on your life and career.

Break-and-enter charges include a variety of punishments, and the information provided in the sections that follow will help you understand the evidence the prosecution will need to support their case.

Break and enter offences under the Crimes Act have also been explained in depth, as well as the definition of "aggravating circumstances."

Read on to learn more about the "break and enter" accusation.

Other break and enter crimes

• Breaking and entering with the purpose to commit a severe indictable offence is a separate crime under the Crimes Act's § 113. This means that even if you don't conduct a severe indictable offence – such as stealing something - the homeowner can nonetheless catch you.
• Under the Crimes Act, you can also be charged if you are captured on enclosed grounds with a weapon, instrument, housebreaking device or disguises in your possession. It's possible to be caught in someone's backyard with bolt cutters on your head, for example.
• A previous conviction for an indictable offence and the possession of a weapon with the intent to commit a major indictable offence might lead to heavier punishment.

Complicating factors

The seriousness of an offence can be increased by characteristics known as aggravating circumstances.

It is possible that you will face a more severe punishment if the prosecution can show that you committed an offence under "aggravating circumstances."

As a result of additional circumstances, the offence can become more serious. In these cases, you'll find:

• Weapon or instrument: You're armed with a "offensive weapon" Anything that has the potential to do harm to another person is considered a "offensive weapon or instrument." Things like guns, knives, baseball bats, and syringes are all examples. It can also refer to non-weapons like autos and smashed bottles. You don't need to use the weapon; having it is enough.
• You're with others: This implies the prosecution must establish that at least one additional person was present during the crime and shared a common objective with the accused. The court will assess the group's effect on the act or victim. It's not enough to establish that someone participated in the crime without being physically there, such as by acting as a lookout or helping plan it.
• You beat someone: Physical harm is corporal violence.
• You hurt someone physically: Actual bodily harm is lasting harm, but it doesn't have to be permanent. Actual bodily harm includes bruises or scratches and substantial, enduring psychiatric harm.
• You rob someone of their liberty when you tie them up, lock them in a room, or pin them down.
• You knew someone was inside when you committed the crime.

The court recognises two 'circumstances of extraordinary aggravation' If proven, you may face harsher penalties:

• You intentionally wound another person: Grievous bodily damage is 'permanent or significant disfiguring' Stabbing or shooting someone during a break-in is an example.
• You have a deadly weapon: Guns and other banned weapons are considered dangerous.

What must prosecution prove for guilty verdict?

The prosecution must show numerous 'components' of the crime beyond a reasonable doubt to prove 'break, enter and conduct a major indictable offence' You'll be found "not guilty" if they can't.

1) The prosecution must establish you broke into and accessed private property without permission.

Private property includes a person's home, automobile, caravan, boat, or business, church, or school.

This element doesn't require breaking or forcing open a window or door. If you broke and entered through an unlocked but closed door, window, or gate, the prosecution may still be able to establish it.

The prosecution may also prove a 'break and enter' if you gained admission by fraud, threat, or using a key without permission.

If you can prove that the door, window, or gate was already open, the prosecution cannot prove this aspect. For example, if a window is left open and you climb through it.

2) You committed a felony

Indictable crimes have a minimum five-year jail sentence. Theft and assault are indictable offences.

Not Guilty Plea

To be convicted of a break-in, the prosecution must prove two things beyond a reasonable doubt:

1. You trespassed on private property

2. You committed a felony (an offence carrying a period of imprisonment of 5 years or more, such as larceny or assault)

If you don't think the prosecution can show the above factors, our criminal lawyers can assist you fight the charges by casting doubt on the prosecution case.

We can also raise possible defences to explain or justify your actions to have the charges dropped early, sparing you the time and money of a defended hearing.

Break-and-enter defences include:

• Where someone coerced or intimidated you to break-in (duress)
• Where you broke in to save someone's life (necessity)
• Where the owner let you break and enter

Our skilled defence team will assist you comprehend the law and fight to have the charges dropped so you may move on with your life as soon as possible.

Guilty Plea

If you accept the charges, you may want to plead guilty.

Early guilty pleas show the court that you take responsibility. This can assist you win your case because the magistrate may reduce your punishment.

If you plead guilty, the magistrate will set your sentence.

You'll avoid a costly and time-consuming defence hearing.

Before pleading guilty, talk to one of our experienced criminal lawyers who can advise if you can fight the accusations and get a 'not guilty' judgement.