Overview of Break and Enter Offences
A Break and Enter offence is when a person enters another’s dwelling with intent to commit an indictable offence. Commonly, an indictable offence is to steal, destroy or damage property or assault another individual.
There are a range of negligible and serious crimes relating to breaking and entering within NSW. Depending on circumstances related to the offence, you may face a heavy fine or imprisonment.
Types of Break and Enter Offences
There are various Break and Enter offences contained in the Crimes Act 1900 (NSW). These include:
- break out of a dwelling-house after committing, or enter with intent to commit, an indictable offence
- break, enter and assault with intent to murder
- enter a dwelling house with intent to commit a serious indictable offence
- break, enter and commit a serious indictable offence
- break and enter with intent to commit a serious indictable offence
- being armed with intent to commit an indictable offence
- being a convicted offender armed with intent to commit an indictable offence
Receiving Stolen Goods
Under section 188 of the Crimes Act 1900, receiving stolen property is classified as a criminal offence with offenders liable to significant penalties.
Joy Riding
Under section 154A of the Crimes Act 1900, the offence of joy riding, otherwise referred to as taking a conveyance without consent is classified as a criminal offence with offenders liable to significant penalties.
Break and Enter Penalties
There are a number of possible penalties associated with a break and enter offence. The maximum penalty for Break and Enter in NSW is punishable with a maximum on 14 years imprisonment.
Possible penalties include:
- Jail
- Home Detention
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Good Behaviour Bond
- Community Corrections Orders (CCO)
- Fines
- Section 10A
- Conditional Release Order (CRO)
- Section 10