Break and enter

If you agree that you have committed the offence and the police are able to prove all the element of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.

Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.

Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.

Break and Enter can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or up to 14 years (If heard in the District Court).

If it is an “Aggravated offence” the maximum period imprisonment increases up to 20 years.

If it is a “Specially aggravated offence” the maximum imprisonment is up to 25 years.

Please note these penalties are reserved for the worst cases of offending.

If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.

A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers.

National Criminal Lawyers have defended thousands of people charged with Break and Enter and are experts at these hearings.

Some of the possible defences available for those charged with Break and Enter can include:

• • • To maintain your innocence if you did not commit the act;
    • To argue that you did not break anything;
    • To argue that what you broke did not allow you to access the house or premises;
    • To argue that you did not enter the house or premises;
    • To argue that you did not steal anything or that you did not commit a strictly indictable offence; or
    • Duress – If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue- Duress.
    • Necessity – If your actions were necessary to prevent a greater harm from occurring, you may have the defence of-Necessity.

For non-aggravated B & E and steel 81% of offenders received a custodial sentence. The custodial rate for ‘Circumstances of aggravation’ which includes having a weapon, being in the company of another person or knowing that there is someone else inside the house is even higher.

In NSW, a court can impose any of the following penalties for a Break and Enter charge.

• • • Prison sentence
    • Home Detention
    • Intensive correction order (previously periodic detention)
    • Suspended sentence
    • Community service order (CSO)
    • Good behaviour bond
    • Fine
    • Section 10

However, from the 24 September 2018 new penalty’s will be replacing the above. They are as follows:

• • • Full time Imprisonment
    • New ICO (ICO) with a home detention condition available
    • New Community Correction Order (CCO)
    • Fine
    • New Conditional release Order (CRO)

Our Criminal Lawyers assisted in a highly-publicised ‘break, enter’ case which was heard in the District Court of NSW. After a night out with some friends our client, a 19-year-old man, was hanging out outside a night club with three friends. The night club was located at the entrance to a popular mall area adjacent to other buildings however the mall was closed. While the clients friends were allowed entry to the night club he was refused. Our client then decided to try and climb over the adjourning property and enter through the roof into a shop building in the hope it would lead to a back door where he could sneak into the nightclub. Our client after entering the adjacent property could not find any door, was kept locked inside the premises until they were opened the next day and upon being found was charged with ‘break and enter with intent to steal.

After a lengthy trial and evidence in chief, we made verbal submissions on the evidence of our client which was he never at any time had intent to steel. The judge was ultimately persuaded to acquit the client. This meant that the client escaped a criminal record, which would have had a detrimental impact on his life and future.