What are the Penalties, Defences and Charges for Break and Enter in NSW?


In a bizarre break and enter, a burglar has broken into a Florida home on Christmas eve in the city of Bradenton in the Manatee County, Florida.

The bizarre thing about this break and enter is that home owner who was fast asleep woke up to the burglar sucking on his toes.

It’s reported that before a fight broke out between the two, the concerned and confused home owner had questioned the burglar actions.

In an unusual response, the burglar reported replied, “There to suck toes”, according to an incident report from the local sheriff’s office.

The home owner eventually managed to force the burglar out of the house, but not before he had tried to grasp the home owners genitals, while claiming to have a gun- although none was produced during the incident.

The burglar eventually fled the scene before breaking the home owners car windshield and window.

Police authorities are still searching for the perpetrator.

It is reported that in an effort to locate and find the burglar, police have taken DNA swabs of the burglar’s saliva from the home owner’s toes.

Police have also used sniffer dogs in an effort to find him.

As police continue to investigate, the perpetrator remains in the community with another potential victim.

What are the Penalties, Defences and Charges for Break and Enter in NSW?

There are various types of break and enter offences in NSW, each carrying heavy penalties.

There is a maximum penalty of 14-years imprisonment prescribed by section 112(1) Crimes Act 1900 (NSW)for breaking and entering a dwelling-house, or other building where the offender also commits a serious indictable offence.

There is a maximum penalty of 20-years imprisonment if a person does this in ‘circumstances of aggravation’. This offence also carries a standard non-parole period of 5-years.

The maximum penalty further increases to 25-years imprisonment if it is committed in circumstances of ‘special aggravation’. This offence also attracts a standard non-parole period of 7-years.

Section 113(1) Crimes Act 1900 (NSW) prescribed there to be a maximum penalty of 10-years imprisonment if a person breaks and enters with an intent to commit a crime that carries at least a 5-year maximum imprisonment penalty (serious indictable offence).

The maximum penalty is 14-years jail if this occurs in circumstances of aggravation.

The maximum penalty is 20-years jail if this occurs in circumstances of special aggravation.


What Does “Circumstances of Aggravation” Mean?

This means, any one of the following situations:

  • The alleged offender was armed with an offensive weapon and/or was in the company of someone else.
  • The alleged offender used corporal violence on a person.
  • The alleged offender either intentionally or recklessly caused actual bodily harm to a person and/or deprived a person of his/her liberty.
  • The alleged offender was aware that the is a person inside the place the offence occurs.


What does ‘Circumstances of Special Aggravation’ Mean?

This means, any one of the following circumstances:

  • The alleged offender intentionally wounds or causes grievous bodily harm (GBH) to a person.
  • The alleged offender caused GBH to a person while at the time being aware of the possibility of inflicting that person actual bodily harm.
  • The alleged offender was armed with a dangerous weapon at the time.

Some of the defences to break and enter include, mistaken identity; the place the alleged offender entered from was open (not closed or locked); consent to enter; duress or necessity or a mental illness defence.

For a free discussion on this topic of law, contact one of our exclusive criminal defence lawyers in Sydney.

About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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