Break And Enter Lawyer Central Coast
What are Break & Enter Offences
Break and enter charges can involve entering a premises and not stealing anything but with the intent to do so. Unsuccessful attempts are also considered a break and enter offence.
Aggravated breaking and entering occurs when there is more than one alleged offender, if a weapon is involved or if the alleged offender knew there was a person on the premise.
The court takes breaking and entering seriously and can result in imprisonment for up to 14 years if you’re convicted.
What Does the Legislation Say?
The offence of Break, Enter and Steal or Break, Enter and Commit Serious Indictable Offence is contained in section 112 of the Crimes Act 1900 and states:
1. A person who:
A. breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
B. being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building is guilty of an offence and liable to imprisonment for 14 years.
2. Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
3. Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
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