If you are charged with break and enter it means that you have illegally broken into a premises or property without lawful permission, reason, or consent. There are a range of break and enter offences such as break and enter, intend to commit an indictable offence, and commit indictable offence.

Sections 109 to 115 of the Crimes Act 1900 covers the offences under break and enter. For example, Section 109 of the Crime Act 1900 covers the offence of breaking out of dwelling-house after committing, or entering with intent to commit, indictable offence.

Section 113 of the Crimes Act covers the offence of break and enter with intent to commit a serious indictable offence; this charge is used when you are caught inside a home ready to steal property belonging to the homeowner, but you are caught before you can steal anything.

Therefore, there are a range of break and enter charges, the charge is determined by what you were doing.

There is also what is known as aggravating circumstances, an aggravating circumstance in your charge makes the offence more serious. Therefore, the court will impose a harsher sentence because the offence is more serious as it has an aggravating factor. A common example of aggravation is being in company with another person.

In order to be found guilty of break and enter, and commit indictable offence or intend to commit indictable offence, the prosecution must prove beyond reasonable doubt that:

• You broke and entered the property without the owner’s consent
• You intended to commit a serious indictable offence or you committed a serious indictable offence.

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge of break and enter, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.

It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself.

It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.

Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The penalty of Break and Enter with intent to commit a serious indictable offence carries a maximum penalty of 2 years imprisonment in the Local Court and 10 years imprisonment in the District Court. The penalty of Break and Enter and commit a serious indictable offence carries a maximum penalty of 2 years imprisonment in the Local Court and 14 years imprisonment in the District Court.

Pleading Not Guilty

If you disagree with the break and enter charge, then it is best you enter a plea of not guilty. Defences that can be used in break and enter charges are:

• Duress- your actions taken need to be reasonable in that your conduct was to avoid serious death or injury.
• Necessity- where it was vital to prevent serious injury, danger or death.
• Property owner allowed or gave you permission to break and enter

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you broke and entered property without the owner’s consent, you intended to commit a serious indictable offence or you committed a serious indictable offence.

If the prosecution fails to prove these elements, then you will be found not guilty.