If you are charged with an offence of this nature, you should obtain legal advice immediately. There are a number of possible specific charges, with different elements, penalties and procedures. Contact us for a free initial consultation.
Section 112 of the Crimes Act 1900 (NSW) sets out the offence of breaking into any building and committing a serious indictable offence. To prove the charge, the prosecution must establish:
- that the accused
- broke and entered a building; or
- broke out of a building; and
- committed a serious indictable offence inside the building.
The maximum penalty is imprisonment for 14 years. In circumstances of aggravation* the maximum penalty is imprisonment for 20 years. In circumstances of special aggravation**, the maximum penalty is imprisonment for 25 years.
The offence is the subject of a guideline sentence: R v Ponfield (1999) 48 NSWLR 327; [1999] NSWCCA 435.
Section 113 of the Crimes Act 1900 (NSW) sets out the offence of breaking and entering any building with the intent to commit a serious indictable offence therein.
To prove the charge, the prosecution must establish:
- that the accused broke and entered a building; and
- did so with the intention of committing a serious indictable offence.
The maximum penalty is imprisonment for 10 years. In circumstances of aggravation* the maximum penalty is imprisonment for 14 years. In circumstances of special aggravation**, the maximum penalty is imprisonment for 20 years.
*Circumstances of aggravation are:
- the alleged offender is armed with an offensive weapon, or instrument,
- the alleged offender is in the company of another person or persons,
- the alleged offender uses corporal violence on any person,
- the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
- the alleged offender deprives any person of his or her liberty,
- the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.
**Circumstances of special aggravation are:
- the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
- the alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
- the alleged offender is armed with a dangerous weapon.
In some circumstances, a charge of break and enter can be dealt with in the Local Court, which will mean a lower maximum penalty.
As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.