Section 110 Crimes Act 1900 | Break, enter and assault with intent to murder


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Facing court over criminal charges can be a daunting experience, however, you can increase your chances of getting a favourable outcome in your case by making sure you understand the charges against you.

Section 110 of the Crimes Act says that it is an offence to break into a house or building and assault another person inside that house or building with the intention of murdering them.

A ‘break and enter’ occurs when you break into and enter private property without the owner’s permission.

You don’t have to physically ‘break’ a window or door to commit a break and enter – often it will be enough to show that you entered the property through an unlocked but closed door, window or gate.

However, you won’t commit a break and enter where you enter the property through a door, window or gate that was already open.

An assault occurs where you cause another person to fear ‘unlawful personal violence.’ While many people generally believe that an assault has to involve some form of unwanted touching, it has been held that a threat of violence can also constitute an assault.

Section 110 also says that it is an offence to break into a house or building and inflict grievous bodily harm upon another person.

Grievous bodily harm means ‘really serious harm,’ including ‘permanent and serious disfigurements’ such as broken bones, internal organ damage, or killing a foetus.

These offences are treated very seriously by the courts and carry a maximum penalty of 25 years imprisonment.

While this is obviously a very heavy penalty, it’s important to remember that it is the maximum – so it will only apply in the most serious cases.

A good lawyer can give you the advice you need to avoid these serious penalties.

You can read more about ‘break and enter’ offences here.

The Legislation

Section 110 of the Crimes Act 1900 deals with the offence of ‘break, enter and assault with intent to murder,’ and reads as follows:

110 Breaking, entering and assaulting with intent to murder etc

Whosoever breaks and enters any dwelling-house, or any building appurtenant thereto, and while therein or on premises occupied therewith assaults with intent to murder any person, or inflicts grievous bodily harm upon any person, shall be liable to imprisonment for 25 years.

Why Sydney Criminal Lawyers?

Sydney Criminal Lawyers is a specialist law firm that exclusively deals with criminal law.

We have years of experience successfully defending clients in ‘break, enter and assault with intent to murder’ cases.

Our specialist knowledge and experience working in this complex area of the law means that we are best positioned to offer you expert advice and representation when it comes to fighting the charges.

Our dedicated defence team can help you obtain all relevant evidence and prepare your case to ensure that you have the best chance of obtaining a positive outcome in your case.

Where possible, we push to have charges dropped at an early stage by identifying problems with the prosecution case.

This means that our clients are often spared the time and expense of a defended hearing or trial to determine their guilt.

If the prosecution refuses to drop the charges, our senior defence team will work alongside Sydney’s leading criminal barristers to put forth your case in a compelling manner before the court in order to maximise your chances of being found ‘not guilty.’

Should you wish to plead ‘guilty’ to the charges, we can prepare effective sentencing submissions to convince the court to deal with your matter leniently, so that you can get on with your life as soon as possible.

Don’t waste time talking to inexperienced lawyers – get Sydney’s best criminal defence team on your side today. Call us on (02) 9261 8881 to book your FREE first conference with us.