Aggravated Breaking Out of Dwelling-House After a Serious Indictable Offence
Aggravated breaking out of dwelling-house after a serious indictable offence is a crime under section 109(2) of the Crimes Act 1900, which carries a maximum penalty of 20 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You entered the dwelling-house of another person intending to commit a serious indictable offence, or you committed a serious indictable offence while in a dwelling-house
- You then broke out of the dwelling-house, and
- You did so in circumstances of aggravation.
A ‘dwelling-house’ includes:
- A building or other structure intended for occupation even if it has never been occupied
- A boat or vehicle in which a person resides, and
- A building or structure that is ancillary to a dwelling-house which is occupied or whose use is related to the dwelling-house.
A ‘building’ includes a vehicle, vessel, tent or temporary structure.
A ‘serious indictable offence’ is one which carries a maximum penalty of at least 5 years in prison, which includes larceny, robbery, intentional damage, and most other property offences.
‘Circumstances of aggravation’ are where you:
- Were armed with an offensive weapon, or instrument, or
- Were the company of another person or persons, or
- Used corporal violence on any person, or
- Intentionally or recklessly inflicted actual bodily harm on any person, or
- Deprived any person of his or her liberty, or
- Knew there was a person or persons in the dwelling-house.
Defences to the charge include:
- Self Defence
- Duress, and
- Necessity.
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