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


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For “break, enter and steal.”

The maximum penalty for the offence of “break, enter and steal.”

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

  • Prison: 57%
  • Section 9 Bond: 17%
  • Suspended Sentence: 14%
  • CSO: 6%
  • ICO: 4%
  • Section 10(1) Bond (b)&(c): 1%
  • Fine only: 1%

The average prison sentence for the offence is 15.5 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 8.5 months in prison.

For “steal and break out.”

The maximum penalty for the offence of “steal and break out.”

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

  • Prison: 71%
  • Section 9 Bond: 10%
  • Suspended Sentence: 10%
  • Section 10(1) Bond (b)&(c): 5%
  • ICO: 5%

The average prison sentence for the offence is 15.5 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 9 months in prison.

For “break, enter and destroy/damage property.”

The maximum penalty for the offence of “break, enter and destroy/damage property.”

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

  • Prison: 36%
  • Section 9 Bond: 31%
  • Suspended Sentence: 15%
  • CSO: 7%
  • Section 10(1) Bond (b)&(c): 5%
  • ICO: 4%
  • Fine Only: 2%
  • Section 10(1)(a) Dismissal: 1%
  • Home Detention: 1%

The average prison sentence for the offence is 13.5 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 7 months in prison.

For “destroy/damage property and break out.”

The maximum penalty for the offence of “destroy/damage property and break out.”

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

  • Section 9 Bond: 50%
  • Prison: 50%

The average prison sentence for the offence is 6 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 6 months in prison.