The team at Jackson John Defence Lawyers have extensive knowledge and experience in defending clients charged with break and enter offences. We understand that being accused of break and enter can be a stressful and overwhelming experience. That’s why we are committed to providing our clients with compassionate and understanding representation. Our lawyers are experienced in all aspects of break and enter law, and we have a deep understanding of the defences that are available to clients. We will work tirelessly to investigate the facts of your case and build a strong defence.
Types of Break & Enter Offences
There is a wide array of house-breaking offences in NSW with varying degrees of severity with respect to penalty depending upon the factual circumstances of the offending.
Break and Enter
The most common form of this type of offence is called, “break and enter” which is defined in section 112 of the Crimes Act 1900 (NSW). This offence is committed when a person enters a building or part of a building without the owner’s consent and with the intention of committing a serious indictable offence, such as theft or assault. The maximum penalty for this offence is imprisonment for 14 years.
The Prosecution must prove three essential elements, beyond reasonable doubt, for you to be found guilty of this offence, namely:
Aggravated & Specially Aggravated Break and Enter
The maximum penalty increases to 20 years imprisonment if the house-breaking was committed in any of the following circumstances:
If the house-breaking was committed in any of the above circumstances and the accused person wounds or causes any person grievous bodily harm or is armed with a dangerous weapon such as a gun, the maximum penalty increases to 25 years imprisonment.
Enter Dwelling-House
If the Prosecution cannot prove you broke the seal of a house to gain entry, they may charge you with enter dwelling-house with intent to commit a serious indictable offence pursuant to s 111 Crimes Act 1900 (NSW). This offence carries a maximum penalty of 10 years imprisonment.
The Prosecution must prove the following essential elements, beyond reasonable doubt, for you to be found guilty of this offence, namely:
Aggravated & Specially Aggravated Enter-Dwelling-House
If you committed a s 111 offence in the same aggravating and specially aggravating circumstances noted in relation to a s 112 offence, the maximum penalty increases to 14 years and 20 years imprisonment, respectively.
Are there Any Defences?
The advantage of seeking representation with Jackson John Defence Lawyers is our ability to employ various strategies to defend the charges. One possible defence to offences of this nature is to challenge the Prosecution’s evidence, such as eyewitness testimony or DNA evidence, which may not be reliable.
Another defence is mistaken identity. If the Prosecution does not have your DNA or fingerprint evidence to tie you to the scene, they will be relying upon what’s commonly known as “circumstantial identification evidence.” The easiest way to explain how this type of evidence can be used is by example.
Let’s say you have been charged with an offence of break and enter. The brief of evidence includes:
As you can see, there is no direct evidence establishing you as the offender, however, there are pieces of evidence which the Prosecution could say when considered as a whole give rise to a reasonable inference that you committed the offence. However, the inference must be reasonable. The team at Jackson John Defence Lawyers are greatly skilled at drawing the Court’s attention to the distinction between drawing a reasonable inference from proven facts and engaging in mere speculation, the result of which will lead to acquittal.
With our extensive knowledge of house-breaking laws, relevant court cases, and possible defences, Jackson John Defence Lawyers are the best team to represent you in your house-breaking case. Don’t hesitate to contact us today to discuss your case and learn more about how we can help you.
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In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community.
We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.