If you (or someone you care about) have been charged with Breaking and Entering, it is important that you seek the best advice possible. The names you see to the right are our experienced practitioners in this area. They will help you through the process, tell you what to expect and what you will need to do. You can rest assured that your chosen LAC Lawyer will always act in the best interest.
Originally burglary was confined to the breaking and entering of a dwelling house at night with the intention to commit a felony therein. Over time it has basically been expanded in NSW, in what we know today as housebreaking. In 1974 the offence of burglary was abolished and various statutory offences created or abducted. Section 109 of the New South Wales Crimes Act deals with housebreaking where that person enters the dwelling house of another with the intent to commit a serious indictable offence therein, or being in such dwelling house commits any serious indictable offence therein, and breaks out of the dwelling house shall be liable to imprisonment for 14 years. Where the offence is aggrevated then a person can be convicted of an offence with a maximum imprisonment of 25 years. Basically offences under $15,000 can be summarily disposed of in the Local Court where the maximum penalty that can be imposed is 2 years imprisonment. In some cases the aggravated offence can be reduced to the basic offence where the jury is no satisfied that the accused is guilty of the offence charged. The same applies to especially aggravated offence which can be reduced to either; penalty which applies to an aggravated offence; or to that which applies in a basic offence.
Breaking and entering occurs where the entry was an effective and substantial entry even though only a part of the offender's body or equipment entered the building. It does not matter whether the insertion occurs for the purpose of committing the intended crime or for the purpose of effecting entry. At common law a breaking will occur even though the offender opens a door or window which is unlocked; manipulates some form of locking device to gain entry; enters the premises and opens a closed inner door; uses trickery or intimidation to gain entry; or where force is applied to any part of the building causing breach allowing entry.
A dwelling house is any structure used or intended to be used for occupation as a residence including the household garage and boats or vehicles in which people reside. The Crown must prove that the intent required is to commit any serious indictable offence including larceny or an assault. The defence of claim of right may be available for some offenders even where there is an intention to steal.
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