A break and enter offence occurs when a person breaks into and enters a property without the owner’s consent with the intent to commit a crime, or actually commits a serious offence once inside. This is a serious indictable offence under the Crimes Act 1900 (NSW) and can include a range of specific charges depending on how the offence occurred and what was done once inside.
Break and enter charges can vary in severity, including:
Break, enter and commit a serious indictable offence – e.g. stealing or assaulting someone.
Break and enter with intent to commit a serious indictable offence – where the intent is proven even if the crime is not completed.
Aggravated break and enter – where additional factors such as weapons or violence are involved.
Break, enter and assault with intent to murder – the most severe form, involving violent assault.
In all cases, the prosecution must prove that you entered unlawfully and without permission, and either intended to commit or actually committed an indictable offence once inside.
To secure a conviction, the prosecution must establish beyond reasonable doubt that:
You broke into a property – this can include forcing a door or window, or gaining entry through deception or a key you were not authorised to use.
You entered the premises without consent – even entering through an unlocked but closed opening may satisfy this requirement.
You intended to commit, or actually committed, a serious indictable offence – such as theft, assault, or another crime punishable by five years or more imprisonment.
The maximum penalties vary according to the type and severity of the offence. Generally:
Break and enter with intent can attract up to 10 years’ imprisonment.
Break, enter and commit a serious indictable offence can attract up to 14 years’ imprisonment.
Aggravated or specially aggravated offences may attract higher penalties depending on the circumstances.
Break, enter and assault with intent to murder carries a maximum of 25 years’ imprisonment.
Penalties are influenced by factors such as whether violence was used, whether weapons were present, whether any occupants were harmed, and your prior criminal history.
There are several defences that ADADA Legal may raise on your behalf, depending on the facts of your case:
No unlawful entry – you had permission to enter the property.
Lack of intent – you did not intend to commit a serious offence once inside.
Duress – you were coerced or forced into the conduct.
Necessity – your actions were necessary to prevent harm.
Every case is unique, and a detailed review of the evidence is essential in building your defence.
Facing serious criminal charges can be overwhelming, but you don’t have to face them alone. ADADA Legal offers:
Expert criminal defence lawyers with extensive experience in break and enter matters.
Strategic defence planning to challenge the prosecution’s case at every stage.
Negotiation and mitigation to reduce charges or penalties where possible.
Compassionate, client-focused support throughout your case.
We’ll work tirelessly to protect your freedom and minimise the impact on your life.
It includes gaining entry to a property without consent by force, deception, or using a key without authority. Entry through an open door or window may not always amount to breaking, depending on the circumstances.
Yes. If you unlawfully entered with the intent to commit a serious indictable offence, you can be charged regardless of whether the crime was completed.
In certain cases, lawyers may negotiate outcomes such as no conviction recorded orders (like Section 10 orders) or plea deals to lesser charges. Effective defence can also lead to charges being dismissed.
Extremely. Break and enter offences carry severe penalties, and a skilled defence lawyer can make critical differences in evidence handling, negotiation, and court strategy.
If you or a loved one is charged with a break and enter offence, contact ADADA Legal today for a confidential consultation and aggressive defence representation.
Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation.
If you’re facing criminal or traffic charges, early advice can make a critical difference. Contact ADADA Legal today for clear, confidential guidance and a strategic approach tailored to your situation. Complete the form and our team will be in touch promptly to discuss how we can help.
Suite 207/30 Campbell Street, Blacktown, NSW 2148
0451 444 446
info@adadalegal.com.au
