Penalty for Break, Enter and Commit Serious Indictable Offence | Section 112(1) Crimes Act NSW


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The maximum penalty for the offence of “break, enter and commit serious indictable offence”

According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:

District and Supreme Court:

Section 112(1) break, enter & steal

  • Prison: 86.9%
  • Suspended Sentence (no longer available): 7.7%
  • Section 9 Bond (now community correction order): 2.5%
  • ICO: 1.8%
  • Period Detention: 0.7%
  • Community Service Order (now community correction order): 0.2%
  • Home Detention: 0.2%

The average prison sentence for the offence is 33.7 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 18.6 months in prison.

Section 112(1) break, enter and commit serious indictable offence (not steal)

  • Prison: 60.2%
  • Section 9 Bond (now community correction order): 17.2%
  • Suspended Sentence (no longer available): 16.1%
  • Period Detention: 4.3%
  • ICO: 2.2%

The average prison sentence for the offence is 35.7 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 18.6 months in prison.

Section 112(1) being in premises, steal & break out

  • Prison: 88.9%
  • Suspended Sentence (no longer available): 11.1%

The average prison sentence for the offence is 31 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 17.2 months in prison.

Section 112(1) being in premises, commit serious indictable offence (not steal) & break out

  • Prison: 100%

The average prison sentence for the offence is 36 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 18 months in prison.

Section 112(1) aid/abet, accessory b/f to break, enter & commit serious indictable offence

  • Prison: 28.6%
  • Section 9 Bond (now community correction order): 28.6%
  • Suspended Sentence (no longer available): 28.6%
  • Section 10(1) Bond (b)&(c): 14.3%

The average prison sentence for the offence is 15 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 4.5 months in prison.

Section 112(1) accessory after fact to break, enter & commit serious indictable offence

  • Section 9 Bond (now community correction order): 41.7%
  • Prison: 33.3%
  • Community Service Order (now community correction order): 16.7%
  • Section 10(1) Bond (b)&(c): 8.3%

The average prison sentence for the offence is 12.5 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 13.5 months in prison.