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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:
The Act does not define ‘broke’ however, courts have found that it means to ‘forcibly gain entry’ and can include:
The courts have found that it may not include:
A ‘dwelling house’ includes:
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:
‘Offensive weapon or instrument’ means:
The maximum increases to 20 years where you:
‘Dangerous weapon’ means:
Defences to the charge include:
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