Break and Enter offences

Break and Enter with Intent to Commit a Serious Indictable Offence - Section 113 of the Crimes Act 1900 (NSW): This offence involves breaking and entering into a dwelling-house or other building with the intent to commit a serious indictable offence inside. The maximum penalty is 10 years imprisonment.

Break, Enter and Commit a Serious Indictable Offence - Section 112 of the Crimes Act 1900 (NSW): This offence involves breaking and entering a dwelling-house or other building and committing a serious indictable offence inside. The maximum penalty is 14 years imprisonment.

Break, Enter and Assault with Intent to Murder - Section 110 of the Crimes Act 1900 (NSW): This offence involves breaking and entering a dwelling-house or other building and assaulting someone with the intent to murder. The maximum penalty is 25 years imprisonment.

Break Out of a Dwelling-House After Committing an Indictable Offence - Section 109 of the Crimes Act 1900 (NSW): This offence involves breaking out of a dwelling-house after committing an indictable offence inside. The maximum penalty is 14 years imprisonment.

Circumstances of Aggravation - Section 105A of the Crimes Act 1900 (NSW)

Circumstances of aggravation can elevate the seriousness of break and enter offences and include:

  • Armed with an Offensive Weapon: The offender was armed with an offensive weapon.

  • In Company: The offender was in the company of another person or persons.

  • Use of Corporal Violence: The offender used corporal violence against any person.

  • Infliction of Bodily Harm: The offender intentionally or recklessly inflicted actual bodily harm on any person.

  • Deprivation of Liberty: The offender deprived any person of their liberty.

  • Presence of a Person: The offender knew that there was a person, or persons, in the place where the offence was committed.

Penalties for Aggravated Offences

  • Aggravated Offence (Section 112(2)): If the offence is committed in circumstances of aggravation, the maximum penalty is 20 years imprisonment.

  • Specially Aggravated Offence (Section 112(3)): If the aggravated offence is committed in circumstances of special aggravation, the maximum penalty is 25 years imprisonment.

These circumstances of aggravation reflect the increased severity and potential harm associated with the offence, leading to harsher penalties.