Penalty for Enter with Intent or Commit Serious Indictable Offence in Dwelling and Break Out | Section 109(1) Crimes Act NSW


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For “steal (or enter with intent) from dwelling and break out.”

The maximum penalty for the offence of “steal (or enter with intent) from dwelling and break out.”

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

  • Prison: 62%
  • Section 9 Bond: 14%
  • CSO: 14%
  • ICO: 10%

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 (or enter with intent) in dwelling and break out.”

The maximum penalty for the offence of “destroy/damage property (or enter with intent) in dwelling and break out.”

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

  • Prison: 100%

The average prison sentence for “breaking out of dwelling” is 1 year and 4 months, and the average non-parole sentence (or minimum prison sentence) is 9 months.