BREAK AND ENTER

The offence of Break and Enter is dealt with in Section 112 of the Crimes Act 1900 (NSW).

The maximum penalty for a break and enter charge is 14 years of imprisonment. In circumstances of aggravation, the maximum penalty is 20 to 25 years imprisonment.

WHAT IS BREAK AND ENTER?

The offence of break and enter is dealt with in section 112 of the Crimes Act 1900 (NSW). The Act states,

1, A person who:

a, Breaks and enters any dwelling house or building and commits any serious indictable offence therein, or

b, being in any dwelling house or other building commits any serious offence therein and breaks out of the dwelling house or other building,

is guilty of an offence and liable to imprisonment for 14 years.

THE PENALTIES FOR BREAK AND ENTER?

Any individual who is found guilty to break and enter, under section 112 of the Crimes Act 1900 (NSW) is liable to imprisonment for 14 years. However, where

Where an individual commits an offence under the circumstances of aggravation, the maximum penalty will increase to between 20 or 25 years imprisonment.

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However, in suitable circumstances, the court can consider a lighter sentence that may involve:

  • Intensive Corrections Order (ICO)

  • Suspended Sentence

  • Community Corrections Order (CCO)

  • Fine

  • Good Behaviour Bond

GUILTY PLEA

To be found guilty, the prosecution must prove beyond reasonable doubt that:

  • the person broke something to gain access to the house, residence or property

  • the person entered the house, residence or property

  • the person committed a serious indictable offence

DEFENCE STRATEGIES

Our experienced break and enterr lawyers in Sydney can argue the following:

  • that no act at all was committed

  • that nothing was broken to gain entry

  • that even if something was broken, it did not allow the individual to access the premises

  • the individual did not enter the house or premises

  • the individual did not commit a strictly indictable offence

  • the defence of necessity (acting under urgent circumstances) or duress (acting under threat or coercion)

Contact our experienced criminal defence lawyers to discuss your case and defence strategies.

WHY CHOOSE SYDNEY DEFENDERS TO BE IN YOUR CORNER

Sydney Defenders specialises in advocating for their clients, protecting their rights and seeking justice through fair hearing.

Drawing upon a collective experience of over a decade, our firm is dedicated to delivering services that excel beyond comprehensive, honest and strategic representation but also supportive and empathic client-lawyer connection.

This unique blend of qualities has earned our team a stellar reputation for providing five-star quality services, as recognised by our clients.

Whether you're seeking to plead not guilty, aiming for the best legal outcome, or assisting a loved one in applying for bail. Making sure you have experienced lawyers who understand the intricacies of the law is fundamental.

Getting legal advice early on is crucial to ensuring your rights and interests are protected. Our lawyers will properly assess your case and guide you towards achieving the best possible outcome.