Break and Enter

Break and enter occurs when someone unlawfully enters a building or premises with the intent to commit a serious offence, such as theft, assault or property damage.

Laws may vary slightly by state or territory, but the core elements are consistent:

• Unlawful entry
• Intent to commit a serious indictable offence
• Aggravating features such as weapons, accomplices, violence or detention

To secure a conviction, the prosecution must prove beyond reasonable doubt that:

• You entered private property without lawful permission
• You intended to commit, or actually committed, a serious indictable offence
• (In aggravated cases) You were armed, acted with others, used violence, or caused injury

Depending on the facts, several legal defences may be available:

• Duress: You were coerced or threatened into acting
• Necessity: Your actions were necessary to avoid greater harm
• Consent: You had permission to enter the property
• Lack of intent: No intent to commit an indictable offence was present

We will advise you on the best available defence based on your individual circumstances.

Break and enter offences carry severe penalties across Australia, with the most serious cases attracting up to 25 years imprisonment. Courts will consider factors such as:

• Use of weapons or tools
• Injury to the victim
• Number of offenders involved
• Previous criminal history

Sentencing options may include:

• Full-time imprisonment
• Community Correction Orders (CCOs)
• Intensive Correction Orders (ICOs)
• Fines
• Conditional Release Orders (CROs)
• Section 10 dismissals (in NSW) or equivalents in other jurisdictions