The maximum penalty for the offence of Enter Dwelling House is 10 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
The most common penalty imposed for enter dwelling house (steal) under section 111(1) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order, then fine only, then conditional release order with conviction, then conditional release order without conviction, then section 10A conviction with no other penalty and section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is 8 months.
The most common penalty imposed for enter dwelling house (destroy/damage) under section 111(1) of the Crimes Act is Community Correction Order, followed by imprisonment, then conditional release order without conviction, then intensive correction order and conditional release order with conviction.
The average full term prison sentence imposed for the offence is 15 months and the average non-parole period (the minimum term in prison) is 9 months.
The most common penalty imposed for enter dwelling house under section 111(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction, then conditional release order with conviction and fine only.
The average full term prison sentence imposed for the offence is 16 months and the average non-parole period (the minimum term in prison) is 9 months.
In the Higher Courts
The most common penalty imposed for enter dwelling-house with intent to commit serious indictable offence (steal) under section 111(1) of the Crimes Act is imprisonment, followed by intensive correction order and community correction order.
The average full term prison sentence imposed for the offence is 2.5 years and the average non-parole period (the minimum term in prison) is 1.5 years.
The most common penalty imposed for enter dwelling-house with intent to commit serious indictable offence (not steal) under section 111(1) of the Crimes Act is imprisonment, followed by intensive correction order and community correction order, then conditional release order without conviction.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 1.5 years.
The most common penalty imposed for aggravated enter dwelling-house with intent to commit serious indictable offence under section 111(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction, then conditional release order with conviction.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 1.5 years.
The most common penalty imposed for accessory after the fact to aggravated enter dwelling-house with intent to commit serious indictable offence under section 111(2) of the Crimes Act is community correction order.
The most common penalty imposed for specially aggravated enter dwelling-house with intent to commit serious indictable under section 111(3) of the Crimes Act is imprisonment, followed by intensive correction order.
The average full term prison sentence imposed for the offence is 4.5 years and the average non-parole period (the minimum term in prison) is 3 years.
The most common penalty imposed for accessory after the fact to specially aggravated enter dwelling-house with intent to commit serious indictable under section 111(3) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 1 year.
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