Section 113 Crimes Act | Break Enter with Intent to Commit Serious Indictable Offence


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Break and enter charges are regarded as serious offences which may potentially attract lengthy gaol terms, however our team of criminal law experts has the knowledge and skills to help you avoid onerous penalties under the law.

Section 113 of the Crimes Act deals with the offence of “break and enter with intent to commit  serious indictable offence.”

You might be charged under this section if you are caught by the police before you have a chance to commit a serious indictable offence, which is an offence that carries a penalty of five years’ imprisonment or more, such as larceny, assault occasioning actual bodily harm, or sexual assault.

However, if you are charged with this offence, the prosecution must prove that you had the intention of committing a serious indictable offence.

If you are found guilty under this section, you could face a maximum penalty of 10 years’ imprisonment.

You could also face a harsher maximum penalty of 14 years’ imprisonment if you commit the offence in “circumstances of aggravation.”

There are six possible circumstances of aggravation under the law:

  • Where you were armed with an offensive weapon or instrument;
  • Where you were in the company of another person/s at the time of the offence;
  • Where you inflict corporal (physical) violence upon another person;
  • Where you intentionally or recklessly inflict actual bodily harm on another person;
  • Where you deprive another person of their liberty (for example, by tying them up, holding them captive, or locking them up);
  • You knew that there were people inside the house.

You could also face a maximum penalty of 20 years imprisonment if you commit the offence in “circumstances of special aggravation.”

There are three possible circumstances of aggravation under the law:

  • Where you intentionally wound or inflict grievous bodily harm (really serious harm) upon another person;
  • Where you recklessly inflict grievous bodily harm upon another person;
  • Where you are armed with a dangerous weapon such as a firearm or spear gun.

For more information about ‘break and enter’ offences, see our offences page here.

The Legislation

Section 113 of the Crimes Act deals with the offence of “break and enter with intent to commit serious indictable offence” and reads as follows:

113 Breaking etc into any house etc with intent to commit serious indictable offence

(1) A person who breaks and enters any dwelling-house or other building with intent to commit any serious indictable offence therein is guilty of an offence and liable to imprisonment for 10 years.

(2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.

(3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.

Why Sydney Criminal Lawyers?

If you’ve been charged with an offence under this section, our team of experienced criminal lawyers can assist you in fighting the charges.

Where there is no other evidence, it can be very difficult to prove that you had the intention of committing a serious indictable offence.

In these cases, our expert lawyers will push to have the charges dropped or reduced outside of court.

If the matter proceeds to a hearing or trial, we will work hard to dispute any improperly obtained evidence. We will also raise any defences to the charges that you may have; if raised successfully these can result in a verdict of “not guilty.”

In every case, we guarantee that you will only be represented by one of our experienced senior lawyers, who have a proven track record of fighting and winning these types of cases.

We will also work hard to maximise your chances of obtaining a lenient penalty if you wish to plead guilty by presenting your case in the best possible light.

For the best result in your break and enter matter, call us today on (02) 9261 8881 and book your FREE first conference to discuss your case with our experts.