Part 4, Division 1, Subdivision 4 of the Crimes Act 1900 (NSW) creates a number of break and enter offences with the most common being the offence of break and enter and commit a serious indictable offence contrary to section 112 Crimes Act 1900 (NSW).
In this blog, Blacktown Criminal Lawyers | AMA Legal explore the elements of the offence, the Courts before which the offence is prosecuted and examine sentence statistics for the offence.
WHAT IS BREAK AND ENTER?
In the majority judgement of the High Court in Ba v The King [2023] HCA 14, the court held that, the composite elements of “breaks and enters” in section 112 Crimes Act 1900 (NSW) require a trespass, that is, entry to premises of another without lawful authority.
WHAT IS A SERIOUS INDICTABLE OFFENCE?
In NSW, a serious indictable offence is any offence which carries a maximum penalty of imprisonment of 5 years or more.
Examples of a serious indictable offence include:
- Assault occasioning actual bodily harm,
- Intimidation,
- Larceny (stealing),
- Assault causing death,
- Choking offences,
- Sexual touching and assault offences,
According to Blacktown Criminal Lawyers | AMA Legal, the offence has a vast range in capturing criminal activity and can include the following examples:
- Person A entering, without lawful authority, into Person B’s home and intimidating them by saying words such as “I will kill you or I will burn this place down”.
- Person A entering, without lawful authority, into a business warehouse and stealing items,
- Person A smashing through a window of a house, entering the premises and committing a sexual offence on the occupant of the premises.
An offence contrary to section 112 Crimes Act 1900 (NSW) carries a maximum penalty of 14 years imprisonment which is increased to 20 years if the offence is committed in circumstances of aggravation.
An offence under section 112 Crimes Act 1900 (NSW) is usually dealt with summarily by a Local Court. JIRS statistics show that the majority of break, enter and steal offences prosecuted in the Local Court.
SENTENCE STATISTICS
Sentence statistics have been held by the Courts to be a blunt tool but nonetheless show consistency in sentencing.
JIRS statistics accessed by Criminal Defence Lawyers Blacktown | AMA Legal show that between July 2019 to June 2023, the NSW Local Court sentenced offenders on 2,302 charges of break, enter and commit serious indictable offence (steal) with the outcomes being:
| Penalty type | Total | % |
| s 10(1)(a) Dismissal | 0 | 0 |
| s 10(1)(c) Discharge | 0 | 0 |
| Conditional Release Order without Conviction | 27 | 1.2 |
| s 10A Conviction with no other penalty | 2 | 0.1 |
| Fine Only | 31 | 1.3 |
| Conditional Release Order with Conviction | 16 | 0.7 |
| Community Correction Order | 445 | 19.3 |
| Intensive Correction Order | 511 | 22.2 |
| Imprisonment | 1270 | 55.2 |
| 2,302 | 100 |
It should be noted 55.2% of offenders were sentenced to custodial sentences in jail by the Local Courts of NSW for such offences. If you find yourself facing such a charge, searching for a criminal justice lawyer Blacktown is the first step towards securing the expertise needed to protect your rights.…