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Break and Enter

property offences

The offence of Break and Enter is found in section 109, 110, 111, 112, 114 and 115 of the Crimes Act 1900 (NSW) which deems a person guilty if they break or enter a place of another person without their consent with intention to commit an offence.

You could be charged with Break and Enter if you:

  1. Pick-lock a door to a house and steal jewellery.
  2. Open an unlocked door and assault the occupants of a home.
  3. Break the glass of a window armed with a crowbar. 

Break and enter is a serious crime that requires the expertise of a skilled criminal defence lawyer. In New South Wales (NSW), break and enter offences have the highest full-time imprisonment rates in Australia. Our experienced criminal lawyers are here to help.

Why Choose Our Criminal Lawyers?

  • Successful Defense: Our criminal lawyers have a proven track record of beating break and enter charges. We have successfully defended many clients, achieving case dismissals and favorable outcomes.

  • Guilty Pleas: If you plead guilty, our legal team will work tirelessly to keep you out of jail. Depending on the seriousness of the offence, we often secure results where no conviction is recorded, preventing a criminal record.

  • Lenient Sentences: We excel at obtaining lenient sentences for clients charged with breaking, entering, and committing serious indictable offences. This is especially true for first-time offenders or those who committed the offence under the influence of drugs or alcohol.

Our criminal lawyers are dedicated to protecting your rights and achieving the best possible outcomes. Facing break and enter charges in NSW? Contact us today for expert legal representation.

What Makes Break and Enter a Serious Indictable Offence?

A break and enter offence escalates to a serious indictable crime based on the nature of the offences committed or intended to be committed inside the dwelling. The severity is determined by the following factors:

  1. Break and Enter and Steal: This is the most common serious indictable offence associated with break and enter. When the intent is to steal property once inside, the crime is classified as serious due to the violation of property rights and personal security.

  2. Break and Enter and Assault: The second serious indictable offence linked to break and enter is assault. If an individual breaks into a dwelling with the intention to commit assault, or actually commits assault once inside, it significantly heightens the seriousness of the crime due to the potential for physical harm to the occupants.

What must the prosecution prove?

Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

  • You broke something
  • By breaking something you gained access into a house, residence or premises
  • That you entered the house, residence or premises
  • That you committed an indictable offence.

What are the maximum penalties for this offence?

The maximum penalties for Break and Enter in NSW are:

  • Fourteen years imprisonment.
  • Twenty years imprisonment if there are circumstances of aggravation
  • Twenty five years imprisonment if there are circumstances of spacial aggravation.

What are your options at Law?

If you are facing charges of Break and Enter, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:
 
  1. Negotiate with prosecutors to withdraw or amend the charges.
  2. Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
  3. Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
  4. Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available. 

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.

How to Beat a Charge of Break, Enter, and Commit a Serious Indictable Offence

To be found not guilty of a break, enter, and commit serious indictable offence charge, the prosecution must fail to prove the following elements beyond a reasonable doubt:

  1. Breaking:

    • Actual Breaking: The prosecution must prove that there was an infringement on the security of the house. This does not require the physical breaking of an object but rather any act that breaches the security of the dwelling. Simply opening a door or window that is already partly open does not constitute actual breaking.
    • Constructive Breaking: This occurs when entry is gained through fraud, threats, or using a key that the person is not authorized to use.

  1. Entering

    1. It must be demonstrated that the accused actually entered the building or land. If the prosecution cannot prove that you were inside the premises, this element fails.

  2. Committing (or Intending to Commit) a Serious Indictable Offence

    1. The prosecution must show that once inside, you committed or intended to commit a serious indictable offence. This is defined as an offence carrying a term of imprisonment of five years or more.

Defense Strategies

To defend against these charges, your lawyer might:

  • Challenge the Evidence of Breaking: Show that there was no actual or constructive breaking. For instance, if there was no breach of security or the method of entry does not qualify as breaking under the law.

  • Dispute Entry: Argue that there is insufficient evidence to prove that you were inside the property.

  • Refute the Intent or Commission of a Serious Indictable Offence: Demonstrate that there was no intent to commit a serious offence or that no such offence occurred.

A skilled criminal lawyer can meticulously examine the details of your case, identify weaknesses in the prosecution’s evidence, and develop a robust defense strategy to challenge each element of the charge. If you are facing a break, enter, and commit serious indictable offence charge, consult with an experienced lawyer to explore your defense options.

Have you been charged with Break and Enter?

If you’ve been charged with break and enter, it’s vital to address the situation promptly and effectively. Don’t let the gravity of these charges overwhelm you—get in touch with our experienced legal team today to arrange your initial free consultation.

During this consultation, we’ll meticulously examine the specifics of your case, attentively listen to your concerns, and furnish you with tailored legal advice tailored to your unique circumstances. Our objective is to ensure that you comprehend your rights and available options, enabling you to make informed decisions regarding your legal defence.

With our seasoned guidance and unwavering advocacy, you can trust that your case will be diligently handled. We’ll work tirelessly to safeguard your rights and advocate for the most favorable outcome possible.

Don’t hesitate—reach out to us now to take the first step toward resolving your legal matter. Contact our team today to book your first free consultation.

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