Break and Enter Offences in New South Wales
Break and enter offences involve unlawfully accessing a property with the intent to commit an indictable offence such as larceny or assault. In NSW, break and enter offences are serious criminal acts set out in the Crimes Act 1900, and carry penalties of up to 25 years in prison, depending on the offence and aggravating factors.
Kingston Fox Lawyers can assist with all break and enter offences, including:
- Break and Enter with Intent to Commit an Indictable Offence
- Break out of a Dwelling House After Committing an Indictable Offence
- Break, Enter and Assault with Intent to Murder
- Enter a Dwelling House with Intent to Commit a Serious Indictable Offence
- Break, Enter and Commit Serious Indictable Offence
- Convicted Offender Armed with Intent Commit an Indictable Offence
Meet the Team Behind Your Defence
Break and Enter Lawyers in Sydney
Kingston Fox Lawyers can advise and represent clients in relation to larceny, theft, and break and enter offences. If you have been charged with any of these offences, it’s important to get immediate legal advice and support from an experienced, results-driven lawyer.
The offence of break and enter and commit serious indictable offence is set out under section 112 of the Crimes Act (1900) NSW and carries a maximum penalty of 14 years imprisonment. The prosecution must prove that:
- You broke and entered the premises
- The premises were a dwelling-house or other building, and
- Having entered, you stole property, or committed another serious indictable offence
If the offence is committed in circumstances of aggravation, the maximum penalty is 20 years imprisonment. Circumstances of aggravation include:
- Being armed with an offensive weapon or instrument
- Being in the company of another person
- Using corporal violence
- Inflicting actual bodily harm
- Depriving a person of their liberty
- Knowing that a person was present at the premises
In circumstances of special aggravation, the maximum penalty is 25 years imprisonment. Special aggravation applies when someone intentionally wounds or inflicts grievous bodily harm, or is armed with a dangerous weapon such as a firearm or prohibited weapon.
The Kingston Fox Difference
Our Expertise in Break and Enter Cases
At Kingston Fox, we understand how challenging it can be if you’ve been charged with, or facing break and enter offences. Our experienced, compassionate team of lawyers are here to help you navigate the legal process with confidence. The Kingston Fox team includes former prosecutors that bring a wealth of first-hand experience in working on break and enter cases. Every matter we take on is completely tailored to each client, their circumstances, and the objectives.
Get in touch with the Kingston Fox team today to get clarity on your case, how we can help, and the process involved.
Hear it from our satisfied clients
“A difficult matter that was resolved in my favour”
“Alexandra Sarmed offered me exceptional service and professional assistance with a difficult matter that was resolved in my favour. I couldn’t have asked for any more and I would not hesitate to recommend her to anyone in future. Nor will I ever go anywhere else for legal advice myself. I know if she couldn’t help me she would steer me to the right person for the job.”
“Frank, understanding, hardworking, and knowledgeable”
“We were incredibly lucky to be referred to Alexandra Sarmed for a complex set of charges against my adult child. From the first meeting, we were struck by her sense of humanity. She supported us throughout the process with her frankness, understanding, warmth, humour, hard work and knowledge. Alexandra found an amazing Barrister and together they achieved the right outcome. We will be forever thankful to Alexandra Sarmed.”
“Sympathetic and extremely reassuring”
“Erin was wonderful at a time of extreme stress for me. She listened to me and provided professional and helpful advice. She was sympathetic and clear-thinking, expertly guiding me through a process that was foreign to me. This was extremely reassuring. I would strongly recommend Kingston Fox Lawyers to anybody needing legal representation.”
Frequently Asked Questions
The elements of break and enter and commit indictable offence in NSW are:
- The person broke and entered premises, that is, forcibly gained access
- The premises were a dwelling house/building
- Having entered the premises, the defendant committed a serious indictable offence, like stealing or assault.
The prosecution must prove each element beyond reasonable doubt. Under section 112 (break, enter and commit a serious indictable offence), the prosecution must also prove not just the break and enter, but also the other serious indictable offence and its elements.
In some cases - yes, break and enter charges may be reduced or dismissed based on the evidence and circumstances of the case. An experienced criminal lawyer will be able to advise you on the possibilities taking into account the circumstances and the possibilities of negotiating with the prosecution.
If you have been charged with a break and enter offence you should seek immediate legal advice. It’s important to exercise your right to silence and wait until you have engaged a lawyer before speaking to the police about the case.
The maximum penalties for break and enter offences vary depending on the jurisdiction and the specific circumstances of the offence. In New South Wales, penalties can include imprisonment of up to 25 years if the offence involves special aggravating factors such as the use of a weapon or causing injury. Some matters may also be finalised in the summary jurisdiction of the Local Court where the maximum penalty is 2 years imprisonment
Serious cases are often prosecuted at the District Court, where penalties can include:
- Conditional Release Orders and Community Correction Orders including community service
- Intensive Correction Orders
- Full time imprisonment