What is a break and enter offence?

8 December 2021 in Criminal Law

A break and enter offence is an offence which encompasses circumstances where access to a premises has been procured by breaching the security of the premises with the intent to commit and offence (such as theft or assault). Breaking and entering a premises could include such actions as breaking through a window or climbing over a fence into someone’s property.

To be guilty of a break and enter offence, it must be proved that an offender:

• Broke into a house or dwelling; and
• Entered the premises; and
• Had an intent to commit an offence or did commit an offence

Brander Smith McKnight’s team of criminal defence lawyers have extensive experience with break and enter offences and are well equipped to provide you with assistance in any matter relating to break and enter offences.

What are the penalties associated with a break and enter offence?

A break and enter offence is a serious offence and courts can impose a term of imprisonment on people found guilty of the offence. Depending on the circumstances of the offence, an offender may be liable for up to 25 years in prison.

Other penalties a court may impose for a criminal offence in NSW include:

• A dismissal of charges and the conditional discharge of an offender (this is also known as a ‘Section 10’)
• Good Behaviour Bond
• Fine
• Community Service Order
• Suspended Sentence
• Intensive Correction order
• Home Detention
• Prison Sentence

For more details on these potential penalties you can get in touch with one of Brander Smith McKnight’s expert criminal defence lawyers. Our criminal defence lawyers have a comprehensive understanding of criminal penalties and their association with break and enter offences.

Are there any aggravated forms of the offence?

The seriousness of a break and enter offence can be increased by the presence of an aggravating circumstance. An aggravated offence exposes an offender to a higher maximum penalty.

There are several break and enter offences which take on either aggravated or specially aggravated forms.

A break and enter offence will be aggravated where immediately before, during, or immediately after the offence:

• The alleged offender is armed with an offensive weapon, or instrument,
• The alleged offender is in the company of another person or persons,
• The alleged offender uses corporal violence on any person,
• The alleged offender intentionally or recklessly inflicts actual bodily harm on any person
• The alleged offender deprives any person of his or her liberty
• The alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.

A break and enter offence will be specially aggravated where immediately before, during, or immediately after the offence:

• The alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
• The alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,
• The alleged offender is armed with a dangerous weapon.

What defences are available?

There are specific defences in criminal law that may negate an element of an offence, in effect reducing or removing an accused’s liability for an offence.

In the context of break and enter offences parties may potentially be able to rely on the following defences:

Duress

Duress may be relied on as a defence to a break and enter offence. Duress occurs where the accused has performed their illegal actions because of serious threats of violence against themselves or family members. In more simple terms, you may be able to rely on the defence of duress if you were forced to commit the break and enter offence.

Necessity

The defence of necessity may be relied upon in circumstances where the accused was compelled by some danger or threat to commit a crime. This danger or threat needs to have been of a kind that may cause a person to have reasonably believed that they were exposed to the serious danger or threat. The defence of necessity may potentially be relied upon as a defence to a break and enter offence.

Self-defence

Self-defence may potentially be relied upon as a defence to a break and enter offence. This defence is substantiated in circumstances where the accused’s criminal actions were carried out in the defence of themselves or someone else.

Brander Smith McKnight’s criminal defence lawyers can provide you with expert advice regarding the defences available for break and enter offences.

Why BSM Lawyers?

Brander Smith McKnight’s criminal defence lawyers are experts in the field of break and enter offences.
Our team has extensive experience and will guide you through the process of defending a break and enter charge.
You can contact Brander Smith McKnight for a free 20 minute consultation on 02 8539 7475.

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