Break and Enter
Breaking and Entering offences are not only aimed at people whose objective is to enter a building to steal, it extends to those who enter to commit other offences such as violence or sexual offences.
It is punishable by up to 10 years full time gaol if a house is entered with the intent to commit a serious indictable offence (like sexual assault), if the serious indictable offence is successfully committed , the maximum penalty is increased to 14 years.
'Breaking' does not necessarily mean excessive force to enter a locked property. It may be as simple as opening a closed window or door to gain access, but they cannot , generally be found guilty if a person enters through an already opened window or door, as there is no technical 'break'.
Aggravating factors include where more than one person breaks into premises, or where a person breaks in knowing a person is at home, or breaks in at night.
If you have been charged with a break and enter call the Criminal Law Centre. We have extensive experience in these matters and are dedicated to providing the best legal advice 24/7. Call us on (02) 9891 4200. We are on your side.
