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Breaking out of a dwelling-house after a serious indictable offence is a crime under section 109(1) of the Crimes Act 1900, which carries a maximum penalty of 14 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘dwelling-house’ includes:
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.
Defences to the charge include:
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