There are a number of offences relating to ‘breaking and entering’. The type of break and enter offence that the police charge you with will be dependent on:
- If and when you broke into or out of the house, and
- Whether you intended or actually committed a serious indicatable offence.
A dwelling-house is considered any building or structure which is intended for occupation is capable of being occupied or a boat in or on which any person reside.
A serious indicatable offence is one that carries a maximum penalty of 5 years’ imprisonment or more.
There are certain circumstances which may increase the penalty imposed by the Court for any of these offences. Any one of these circumstances may lead to the offence being ‘aggravated’. The circumstances of aggravation and ‘specially aggravating’ circumstances are listed below.
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Circumstances of Aggravation in Break and Enter Offences
- 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.
Specially aggravated offences of break and enter
- 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.
| Offence | Crimes Act 1900 | Maximum Penalty | Circumstances of Aggravation | Specially aggravated offence |
| Entering a dwelling-house | Section 111 | 10 years | 14 years | 20 years |
| Breaking into any house and committing a serious indictable offence. | Section 112 | 14 years | 20 years | 25 years |
| Breaking into any house with intent to commit a serious indictable offence. | Section 113 | 10 years | 14 years | 20 years |
| Breaking out of dwelling-house or after committing, or entering with intent to commit a serious indictable offence. | Section 109 | 14 years | 20 years | 25 years |
| Breaking, Entering And Assaulting With Intent To Murder | Section 110 | 25 years | – | – |