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Break and Entering, and commit indictable offence or intend to commit indictable offence (e.g. stealing).

Your options

Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

  1. You broke into a house or other dwelling (as opposed to simply entering it);
  2. You entered the property;
  3. You committed or intended to commit a serious indictable offence

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.

What is the penalty for break and enter?

The offence of Break and Enter and commit a serious indictable offence carries a maximum penalty of 2 years imprisonment in the Local Court and 14 years imprisonment in the District Court. What court the matter will be heard in is often dependent on the serious indictable offence alleged. For example, where the offence is stealing or malicious damage the matter is likely to be heard in the Local Court. It is also noteworthy that the maximum penalty increases if the offence is committed in circumstances of aggravation or special aggravation. A common circumstance of aggravation is being in company with another person. Any form of Break and Enter is considered an extremely serious offence. If you are charged with this offence, we advise that you contact one of our solicitors immediately.

The offence of Break and Enter with intent to commit a serious indictable offence carries a maximum penalty of 2 years imprisonment in the Local Court and 10 years imprisonment in the District Court. What court the matter will be heard in is often dependent on the serious indictable offence alleged. For example, where the offence is stealing or malicious damage the matter is likely to be heard in the Local Court. It is also noteworthy that the maximum penalty increases if the offence is committed in circumstances of aggravation or special aggravation. A common circumstance of aggravation is being in company with another person. Any form of Break and Enter is considered an extremely serious offence. If you are charged with this offence, we advise that you contact one of our solicitors immediately.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Our client was charged with break and entering with intent to steal. A witness to the break and enter had called police claiming he saw two people running from the scene.

Following a search in the area, the police saw our client and another male approximately one kilometre from the scene.  Police then arrested our client and the male accompanying him.

Our client instructed us to plead not guilty. The witness provided only a vague description of the male he had seen running from the scene. We argued that the police failed to prove beyond all reasonable doubt that it was our client that committed the offence.

The court agreed and the charges were dismissed against our client.

Our client was charged with aggravated break and enter, intimidation, 3 counts of breach of AVO and destroy property. These charges are very serious and would have to be dealt with in the District Court with a real likelihood of a full time goal sentence.

Upon reading the brief of evidence, it became clear to our solicitors that the conduct of our client did not amount to aggravated break and enter but rather other lesser offences.

Our solicitors entered into negotiations with the DPP and proposed that our client plead guilty to a steal from person and intimidate on the basis that the charge of aggravated break and enter is withdrawn and the matter is finalized in the local court. The DPP agreed to our proposal.

Our client was sentenced at the Parramatta Local court . The court was considering a community service order but our solicitor successfully argued that that the offence fell towards the lower end of seriousness and that there were many factors in mitigation.

The court agreed with our solicitors submissions and our client was placed on a 12 months good behavior bond pursuant to s. 9 of the CSP Act.

Our negotiations to have the serious charge withdrawn and the matter remain in the local court meant the possibility of goal was significantly reduced.

Our client was charged with two counts of break and enter of a Westfield shopping complex with intention to commit serious indictable offence relating to a jewellery and phone shop located at a Westfield’s shopping complex.

The alleged incident was captured on CCTV. The CCTV footage showed the accused walking within the shopping complex and looking into the windows of the jewelry and phone shop, but did not show how the accused entered the shopping complex.

On the morning of the hearing, Joseph of our office put it to the police prosecutors that there was no evidence beyond all reasonable doubt that the accused did ‘break’ into the shopping complex and that the court could not possibly convict our client of the charges.

The prosecutors shared the same view and the matter did not proceed to a hearing. The charges were formally withdrawn.