The maximum penalty for the offence of Break Enter with Intent to Commit Serious Indictable Offence is 10 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.
According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:
In the Local Courts
Break, enter with intent to commit serious indictable offence (steal) – section 113(1)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 2 | 0.5% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 4 | 1% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 5 | 1.3% |
| Conditional Release Order with Conviction | 1 | 0.3% |
| Community Correction Order | 120 | 31% |
| Intensive Correction Order | 67 | 17.3% |
| Imprisonment | 188 | 48.6% |
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 under a year.
Break, enter with intent to commit serious indictable offence (destroy/damage property) – section 113(1)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 1 | 100% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 0 | 0% |
The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.
Break, enter with intent to commit serious indictable offence (other) – section 113(1)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 2 | 7.1% |
| Section 10A Conviction with No Other Penalty | 1 | 3.6% |
| Fine Only | 1 | 3.6% |
| Conditional Release Order with Conviction | 1 | 3.6% |
| Community Correction Order | 10 | 35.7% |
| Intensive Correction Order | 5 | 17.9% |
| Imprisonment | 8 | 28.6% |
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 14 months.
Aggravated break, enter with intent to commit serious indictable offence – in company – section 113(2)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 1 | 1.1% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 1 | 1.1% |
| Community Correction Order | 22 | 23.2% |
| Intensive Correction Order | 31 | 32.6% |
| Imprisonment | 40 | 42.1% |
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.
In the Higher Courts
Break, enter with intent to commit serious indictable offence (steal) – section 113(1)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 4 | 26.7% |
| Imprisonment | 11 | 73.3% |
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.
Break, enter with intent to commit serious indictable offence (not steal) – section 113(1)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 2 | 33.3% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 4 | 66.7% |
The average full term prison sentence imposed for the offence is 21 months and the average non-parole period (the minimum term in prison) is 13.5 months.
Aggravated break and enter with intent to commit serious indictable offence – section 113(2)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 16 | 12.1% |
| Intensive Correction Order | 38 | 28.8% |
| Imprisonment | 78 | 59.1% |
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.
Accessory after the fact to aggravated break and enter with intent to commit serious indictable offence – section 113(2)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 1 | 100% |
The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 18 months.
Specially aggravated break, enter with intent to commit serious indictable offence – section 113(3)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 5 | 100% |
The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 3 years.
Accessory after the fact to specially aggravated break, enter with intent to commit serious indictable offence – section 113(3)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 1 | 100% |
| Imprisonment | 0 | 0% |
The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.
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