Charged with A break and enter offence?

Facing a break and enter charge can be disorienting and overwhelming. In these moments of uncertainty, Faraj Defence Lawyers emerges as your trusted partner, offering a harmonious blend of professional acumen and personal care. We understand that every case is unique, and we're committed to crafting a robust defence strategy tailored to your specific situation.

Let our expert Break and Enter Lawyers assist you with your case and work towards a favourable outcome today.

Why choose Faraj Defence Lawyers for your Break and Enter Charge

Choosing the right legal representation can make all the difference when facing break and enter charges, at Faraj Defence Lawyers we stand out as the optimal choice for defendants seeking expert guidance and unwavering support. So what makes us different?

What is the offence of Break and Enter?

In NSW, "break and enter" covers physically breaking into a property or entering through closed yet unlocked entry points. Opening a closed but unlocked door, window, or gate constitutes the "breaking" element. If followed by entering, it becomes a break and enter offence.

The most common offence we see is "break and enter with intent to commit a serious indictable offence," carrying a maximum sentence of 10 years. This offence occurs when a person breaks into a dwelling or building with the intention of committing a serious indictable offence. 

Under Section 112 of the Crimes Act 1900, a person who breaks and enters a dwelling and commits a serious indictable offence within, or commits such an offence and breaks out, can face a maximum penalty of 14 years imprisonment.

BREAK AND ENTER WITH INTENT TO COMMIT SERIOUS INDICTABLE OFFENCE

Section 113 prescribes that: “a person who breaks and enters any dwelling-house or otherbuilding with intent to commit any serious indictable offence therein is guilty of an offence.”

There is also an offence under section 112(1) of the Act which covers where the offenderactually commits the relevant serious indictable offence – referred to as ‘break and enter andcommit serious indictable offence’.

A ‘serious indictable offence’ is defined as an offence carrying a term of imprisonment of fiveyears or more, with the most common offence typically associated being stealing. However, this encompasses a wide range of offences from intimidation to sexual assault.

WHAT THE PROSECUTION NEEDS TO PROVE FOR S112/113

In cases under Section 112/113 of the Crimes Act 1900, the prosecution must establish, beyond reasonable doubt, the following elements:

• You broke into and entered a residence or other building,

• You did so with the intention of committing a serious indictable offence (for example: you intended on stealing property whilst inside or intimidating the homeowner).

Whilst ‘break and enter’ offences are commonly associated with forceful entry into a premises, at law ‘break’ merely means that the person has broken the seal of the property.

This may be satisfied by the common perception of physically breaking into a premises, as well as by opening a closed door or window and entering the property, even if it is unlocked.

BREAK AND ENTER WHILE ARMED WITH A SERIOUS WEAPON

Section 114 of the Crimes Act 1900 criminalises ‘being armed with intent to commit indictable offence’. There are numerous offences created under this section, which also relate to breaking and entering. 

The presence of a weapon elevates the severity of the offence, and it introduces additional legal intricacies. Prosecution in such cases is tasked with proving not only the act of breaking and entering but also the possession of a weapon with the intent to commit an indictable offence.

What the Prosecution Needs to Prove for S114

The prosecution are required to prove, beyond reasonable doubt, that:

• You are armed with any weapon or instrument with intent to commit an indictable offence,

• Have in your possession, without lawful excuse, any implement of housebreaking or safe breaking, or any implement capable of being used to enter or drive or enter and drive a conveyance,

• Have your face blackened or otherwise disguised or have in your possession the means of blacking or otherwise disguising your face with intent to commit an indictable offence, or

• Enter or remain in or upon any part of a building or any land occupied or used in connection therewith with intent to commit an indictable offence in or upon the building.

What are the Penalties for Break and Enter Offences?

The maximum penalties for the different types of break and enter charges are as follows:

• An offence under s113 (‘break and enter with intent to commit serious indictable offence’) carries a maximum penalty of up to 10 years imprisonment,

• An offence under s112 (‘break and enter into any house and committing serious indictable offence’) carries up to 14 years imprisonment.

• An offence under s114 (Being armed with intent to commit an indictable offence) carries up to 7 years imprisonment

However, it’s important to note that Table 1 offences are typically dealt with in the Local Court will deal with Table 1 offences, where the maximum penalty applicable is limited to only a maximum of 2 years imprisonment and/or an $11,000 fine. Instances of Table 1 offences include:

• Section 114 offences

• Section 113 offences where the offence is limited to stealing or damaging/destroying property

• Section 112 offences where it only involves stealing or damaging property that is worth under $60,000.

In any other cases, the offences will be considered ‘strictly indictable’ and be required to proceed to the District Court. Maximum penalties increase where the offence is considered ‘aggravated’ or ‘specially aggravated’.

Penalties for Aggravated Break and Enter

Circumstances which will make the offence ‘aggravated’, include where the alleged offender:

• was armed with an offensive weapon, or instrument,

• was in the company of another person or persons,

• used corporal violence on any person (i.e., violence involving someone’s body),

• intentionally or recklessly inflicted actual bodily harm on any person,

• deprived any person of their liberty, or

• knew that there was a person, or persons, in the place where the offence is alleged to be committed.

Where the offence is aggravated, the maximum penalty rises to 14 years imprisonment (forsection 113) and 20 years imprisonment (for section 112).

Penalties for Specially aggravated Break and Enter

Circumstances which will make the offence ‘especially aggravated’, including where the alleged offender:

• intentionally wounds or intentionally inflicts grievous bodily harm on any person,

• inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person, or

• is armed with a dangerous weapon.

Where the offence is specially aggravated, the maximum penalty rises to 20 years imprisonment (for section 113) and 25 years imprisonment (for section 112).

Apart from a full-time custodial sentence, you may also be eligible for the following penalties:

• S10(1)(A) dismissal.

• Conditional release order without conviction.

• Conditional release order with conviction.

• Fine.

• Community corrections order. 

• Intensive corrections order.

At Faraj Defence Lawyers, we specialise in Break and Enter charges and can help you formulate a strong legal defence strategy that will provide the best chance to avoid any custodial sentence or receive a non-conviction penalty.

Speak to an Expert Break and Enter Lawyer Today!

Don't let the weight of a break and enter charge cast a shadow over your future. At Faraj Defence Lawyers, our team of expert lawyers is ready to stand with you, offering a blend of professional legal guidance and genuine personal support. Seize control of your situation and secure the representation you deserve.

Reach out to us today, and let's chart a path towards safeguarding your rights and restoring your peace of mind. Call us at (02) 8896 6034 today for free advice or book in your free initial consultation at no obligation.