There are several offences under the Crimes Act in relation to “break and enter” offences.
One of the more common break and enter offences is contained in section 112, which deals with the offence of “breaking into a house and committing a serious indictable offence.”
This covers the common situation of “break, enter and steal.”
Although this offence has the potential to result in lengthy penalties, our expert criminal lawyers can give you the assistance you need when it comes to fighting the charges in court.
To be found guilty of an offence under section 112, the prosecution must prove that you broke into someone’s house and that you committed a serious indictable offence while you were inside.
A serious indictable offence is any offence which carries a gaol term of at least 5 years’ imprisonment.
Examples of serious indictable offences include larceny, assault occasioning actual bodily harm and sexual assault, however there are many more under the Crimes Act.
A ‘break and enter’ is where you break into and enter private property without the owner’s permission.
You do not have to physically break into a house in order to commit this offence; you can still be charged with a break and enter if you enter through an unlocked but closed door, gate or window.
However, you will not be found guilty of a break and enter if you simply enter through an open gate, door or window.
If you’re found guilty of “breaking into a house and committing a serious indictable offence,” you could face a maximum penalty of 14 years imprisonment.
You could face a harsher maximum penalty of 20 years imprisonment if you commit this offence in “circumstances of aggravation.” These are simply factors which make the offence more serious.
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 25 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.
If you have been charged with any offence under section 112, our highly experienced criminal defence team can help you fight the charges and secure a positive outcome.
If you are going to court for Break Enter Commit Serious Indictable Offence, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 112 of the Crimes Act 1900 deals with the offence of ‘Break Enter Commit Serious Indictable Offence’ and reads as follows:
112 Breaking etc into any house etc and committing serious indictable offence
(1) A person who:
(a) breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
(b) being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building, is guilty of an offence and liable to imprisonment for 14 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 20 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 25 years.
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We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
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We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
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Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
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A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
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