Section 112 Crimes Act 1900
Break Enter Commit Serious Indictable Offence

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Breaking, Entering and Committing a Serious Indictable Offence is a crime under Section 112 of the Crimes Act 1900 which carries a maximum penalty of 14 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You broke into and entered a dwelling house or other building, and
  2. Committed a serious indictable offence while there.

The Act does not define ‘broke’ however, courts have found that it means to ‘forcibly gain entry’

And can include:

  1. Unlocking a door or window,
  2. Pushing open a closed but unlocked door,
  3. Opening a closed but unlocked window, and
  4. Raising a latch or loosening a fastening to secure entry.

The courts have found that it may not include:

  1. Walking through an open door, or
  2. Further opening a window that is already significantly ajar.

A ‘dwelling house’ includes:

  1. Any structure intended for occupation as a dwelling and capable of being so occupied, even if it has never been occupied,
  2. A vehicle or boat in or on which a person resides, and
  3. Any structure that is ancillary to the dwelling.

A ‘serious indictable offence’ is one which carries a maximum penalty of at least 5 years in prison which includes stealing (larceny).

The maximum penalty increases to 20 years in prison where the offence is committed in circumstances of aggravation which is where you:

  1. Were armed with an offensive weapon or instrument,
  2. Were with at least one other person,
  3. Used corporal violence,
  4. Intentionally or recklessly inflicted actual bodily harm,
  5. Deprived a person of their liberty, or
  6. Knew there was at least one person in the dwelling.

‘Offensive weapon or instrument’ means:

  1. A dangerous weapon, or
  2. Anything made or adapted for offensive purposes, whether or not it is ordinarily used as a weapon or capable of causing harm.

The maximum increases to 25 years where you:

  1. Intentionally wounded or inflicted grievous bodily harm,
  2. Inflicted grievous bodily harm and were reckless as to causing actual bodily harm, or
  3. Were armed with a dangerous weapon.

‘Dangerous weapon’ means:

  1. A firearm or imitation firearm,
  2. A prohibited weapon, or
  3. A spear gun.

Defences to the charge include:

  1. Self-defence
  2. Duress
  3. Necessity, and
  4. Having a claim of right over property, which means you genuinely believed you were legally entitled to the property.

If you are going to court for the offence of Break Enter Commit Serious Indictable Offence, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.

Read on for more information.

The Legislation

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