Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.


Breaking and Entering with Intent

Breaking and Entering With Intent is an offence under section 113 of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You broke into and entered a dwelling house or other building
  2. With the intention to commit a serious indictable offence

The Act does not define ‘broke’ however, courts have found that it means to ‘forcibly gain entry’ and can include:

  1. Unlocking a door or window
  2. Pushing open a closed but unlocked door
  3. Opening a closed but unlocked window, and
  4. Raising a latch or loosening a fastening to secure entry

The courts have found that it may not include:

  1. Walking through an open door, or
  2. Further opening a window that is already significantly ajar.

A ‘dwelling house’ includes:

  1. Any structure intended for occupation as a dwelling and capable of being so occupied, even if it has never been occupied
  2. A vehicle or boat in or on which a person resides, and
  3. Any structure that is ancillary to the dwelling

A ‘serious indictable offence’ is one which carries a maximum penalty of at least 5 years in prison which includes stealing (larceny)

The maximum penalty increases to 14 years in prison where the offence is committed in circumstances of aggravation which is where you:

  1. Were armed with an offensive weapon or instrument
  2. Were with at least one other person
  3. Used corporal violence
  4. Intentionally or recklessly inflicted actual bodily harm
  5. Deprived a person of their liberty, or
  6. Knew there was at least one person in the dwelling

‘Offensive weapon or instrument’ means:

  1. A dangerous weapon, or
  2. Anything made or adapted for offensive purposes, whether or not it is ordinarily used as a weapon or capable of causing harm

The maximum increases to 20 years where you:

  1. Intentionally wounded or inflicted grievous bodily harm
  2. Inflicted grievous bodily harm and were reckless as to causing actual bodily harm, or
  3. Were armed with a dangerous weapon

‘Dangerous weapon’ means:

  1. A firearm or imitation firearm
  2. A prohibited weapon, or
  3. A spear gun

Defences to the charge include:

  1. Self-defence
  2. Duress
  3. Necessity, and
  4. Having a claim of right over property which means you genuinely believed you were legally entitled to the property

What Our Clients Say SEE ALL

  • ★★★★★

    Very responsive

    Fahim Khan is very professional and very knowledgeable. He provides advice in a timely manner…

  • ★★★★★

    2 charges of Common Assault

    I was represented by Fred Cao for a legal matter of 2 charges of Common…

  • ★★★★★

    Second serious offence

    Kent Park represented my son on his second serious offence recently. From the start Kent…

  • ★★★★★

    "Thinking on the spot" ability

    I have had to use the services of Nedim's team on a few occasions, and…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)