The maximum penalty for the offence of Break Enter Commit Serious Indictable Offence is 14 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
The most common penalty imposed for break, enter and commit serious indictable offence (steal) under section 112(1)(a) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then fine only, then conditional release order without conviction, then conditional release order with conviction, then section 10A conviction with no other penalty.
The average full term prison sentence imposed for the offence is 16 months and the average non-parole period (the minimum term in prison) is 9 months.
The most common penalty imposed for break, enter and commit serious indictable offence (not steal) under section 112(1)(a) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order, then conditional release order without conviction, then section 10A conviction with no other penalty.
The average full term prison sentence imposed for the offence is 16 months and the average non-parole period (the minimum term in prison) is 9 months.
The most common penalty imposed for being in premises, commit serious indictable offence (steal) and break out under section 112(1)(b) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order, fine only and conditional release order without conviction.
The average full term prison sentence imposed for the offence is 15 months and the average non-parole period (the minimum term in prison) is 8 months.
The most common penalty imposed for being in premises, commit serious indictable offence (not steal) and break out under section 112(1)(b) of the Crimes Act is imprisonment, followed by intensive correction order, community correction order and conditional release order without conviction.
The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is 8 months.
The most common penalty imposed for aggravated break, enter and commit serious indictable offence – in company under section 112(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction, then conditional release order with conviction, then fine only, then section 10A conviction with no other penalty.
The average full term prison sentence imposed for the offence is 18 months and the average non-parole period (the minimum term in prison) is 10 months.
The most common penalty imposed for aggravated being in premises, commit serious indictable offence and break out – in company under section 112(2) of the Crimes Act is imprisonment, followed by community correction order.
The average full term prison sentence imposed for the offence is 15 months and the average non-parole period (the minimum term in prison) is 10 months.
In the Higher Courts
The most common penalty imposed for break, enter and commit serious indictable offence (steal) under section 112(1)(a) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for break, enter and commit serious indictable offence (not steal) under section 112(1)(a) of the Crimes Act is imprisonment, followed by followed by intensive correction order, then community correction order.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 18 months.
The most common penalty imposed for accessory after the fact to break, enter and commit serious indictable offence under section 112(1)(a) of the Crimes Act is intensive correction order.
The most common penalty imposed for being in premises, commit serious indictable offence (steal) and break out under section 112(1)(b) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for being in premises, commit serious indictable offence (not steal) and break out under section 112(1)(b) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 1.5 years.
The most common penalty imposed for aggravated break, enter and commit serious indictable offence under section 112(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction, then conditional release order with conviction, then children’s court penalties.
The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for attempt aggravated break, enter and commit serious indictable offence, etc under section 112(2) of the Crimes Act is imprisonment and community correction order, followed by intensive correction order.
The average full term prison sentence imposed for the offence is 2.5 years and the average non-parole period (the minimum term in prison) is 21 months.
The most common penalty imposed for accessory before the fact to aggravated break, enter and commit serious indictable offence, under section 112(2) of the Crimes Act is imprisonment, followed by intensive correction order.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for aid, abet, counsel or procure etc aggravated break, enter and commit serious indictable offence, etc under section 112(2) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3 years.
The most common penalty imposed for conspiracy to aggravated break, enter and commit serious indictable offence, etc under section 112(2) of the Crimes Act is imprisonment, followed by section 12 suspended sentence, then section 9 bond.
The average full term prison sentence imposed for the offence is 5.5 years and the average non-parole period (the minimum term in prison) is 3 years.
The most common penalty imposed for accessory after the fact to aggravated break, enter and commit serious indictable offence, etc under section 112(2) of the Crimes Act is community correction order, followed by imprisonment, then intensive correction order.
The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 15 months.
The most common penalty imposed for specially aggravated break, enter and commit serious indictable offence, etc under section 112(3) of the Crimes Act is imprisonment, followed by intensive correction order.
The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 4 years.
The most common penalty imposed for attempt specially aggravated break, enter and commit serious indictable offence, etc under section 112(3) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 2.5 years.
The most common penalty imposed for accessory before the fact to specially aggravated break, enter and commit serious indictable offence, etc under section 112(3) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for aid, abet, counsel or procure etc specially aggravated break, enter and commit serious indictable offence, etc under section 112(3) of the Crimes Act is intensive correction order.
The most common penalty imposed for accessory after the fact to specially aggravated break, enter and commit serious indictable offence, etc under section 112(3) of the Crimes Act is imprisonment and intensive correction order.
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 6 months.
For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.