This is another common offence and comes under the provision of breaking and entering premises.
What the law states
Section 112 of the Crimes Act 1900 (NSW) states:
(1) A person who:
(a) breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building
is guilty of an offence and liable to imprisonment for 14 years.
Example of this offence
An example of this offence includes breaking a window of a house and entering the house. Then, exiting the house carrying with you the house owner’s television with no intention to return it.
Penalty
The maximum penalty for breaking, entering and stealing is 14 years imprisonment. If the offence is “aggravated” the accused offender is liable to 20 years imprisonment. Aggravated may be that the accused was armed, in the company of someone else or used physical violence. This offence also attracts a non-parole period of 5 years imprisonment.
The offence can be “specially aggravated” if the accused offender inflicts grievous bodily harm on a person or is armed with a dangerous weapon. The maximum penalty is then 25 years imprisonment, with a standard non-parole period of 7 years imprisonment.
Defences
Some defences available to this offence include duress, necessity, claim of right and intoxication.
How can Prime Lawyers help you?
Our criminal lawyers are experienced in representing people who have been charged with breaking, entering and stealing. We will advise you on your chances of successfully defending your matter and thus being found ‘not guilty’. If you are pleading guilty, we will represent you at court to help minimise the punishment you receive.
If the Police’s case is weak against you, it may be possible to write to them and have them withdraw the charges against you. There are severe imprisonment terms which can be ordered by the Court and thus it is important that you seek advice from a criminal lawyer. We will fight vigorously to protect your rights.