Penalty for Break, Enter with Intent to Commit a Serious Indictable Offence | Section 113(1) Crimes Act NSW


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For “break, enter with intent to steal.”

The maximum penalty for the offence of “break, enter with intent to steal.”

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

  • Prison: 54%
  • Section 9 Bond: 21%
  • Suspended Sentence: 14%
  • CSO: 6%
  • ICO: 2%
  • Section 10(1) Bond (b)&(c): 1%
  • Fine Only: 1%

The average prison sentence for the offence is 14 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 8 months in prison.

For “break, enter with intent to destroy/damage property.”

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

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

  • Prison: 58%
  • Section 9 Bond: 16%
  • Section 10(1) Bond (b)&(c): 5%
  • Fine Only: 5%
  • CSO: 5%
  • Suspended Sentence: 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 8 months in prison.