Break, Enter and Steal  

Housebreaking and sacrilege is defined under Division 4 of the Crimes Act 1900 In accordance to Section 112 of the Crimes Act 1900, the offence break enter and steal is defined as:

  • someone who breaks and enters any dwelling or other building and commits any serious indictable offence therein, or
  • being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building

Further, section 112(2) ans 112(3) respectively, maintain that:

  • a person is guilty under this subsection if the person commits an offence under subsection (1) in aggravation
  • a person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation.

There are also provisions under the act whereby:

  • even though no indictable offence was committed, you may break into the dwelling with the intent to do so
  • you may break into a place of divine worship and commit a serious indictable offence, or have the intent to do so
  • you break out after committing a serious indictable offence

Penalties

Offence

Penalty

Breaking & entering; committing a serious indictable offence (s112 (10))

 

Maximum imprisonment term of 14 years

Breaking & entering; committing a serious indictable offence in aggravation (s112 (2))

 

Maximum imprisonment term of 20 years

Breaking & entering; committing a serious indictable offence in specially aggravated circumstances (s112(3))

Maximum imprisonment term of 25 years

 

The complexity of these offences requires the extensive knowledge and meticulous attention to detail which our lawyers provide. Our team has specialised knowledge in breaking & entering offences having assisted many clients successfully defend charges or obtain lesser penalties once sentenced.

If you have been charged with these offences, our experts can help. Contact us to schedule an appointment with one of our lawyers in our office.

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