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Breaking, Entering and Assaulting with Intent to Murder is an offence under section 110 of the Crimes Act 1900, which carries a maximum penalty of 25 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The Crimes Act does not define the words ‘broke into’ however, the 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 ‘building’ includes a vehicle, vessel, tent or temporary structure.
‘Grievous bodily harm’ means ‘very serious harm’, it includes, but is not limited to:
Defences to the charge include:
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