Break, Enter and Commit Serious Indictable Offences in NSW
Break and enter offences are serious matters within the New South Wales (NSW) jurisdiction. When this action is combined with the intent or actual commission of another serious indictable offence, the consequences become even more severe. Let’s delve into the details of this offence, the penalties attached and explore some examples from recent legal history.
In NSW, ‘break and enter’ doesn’t only imply the act of breaking something to gain entry. It can include any unauthorised entry into a building or part of a building, including through an open window or door. When combined with committing a serious indictable offence (which refers to crimes punishable by imprisonment for five years or more), the offence’s gravity increases significantly.
Such indictable offences can include but aren’t limited to:
To successfully prosecute someone for breaking, entering, and committing a serious indictable offence, the prosecution must prove beyond a reasonable doubt:
If the prosecution fails to prove either element, the accused may be acquitted, or the charges might be downgraded.
While every case is unique, several break-and-enter incidents have made headlines in NSW over the years:
In NSW, the penalties for breaking, entering and committing a serious indictable offence are notably severe, reflecting the crime’s seriousness. The maximum penalties are:
“Circumstances of aggravation” include situations where the offender is armed with a weapon, in the company of another person, or inflicts corporal violence, among others. “Special aggravation” includes circumstances where the offender intentionally or recklessly inflicts grievous bodily harm on any person or is armed with a firearm.
Break, entering and committing a serious indictable offence is a significant change in the NSW legal landscape. Those accused require expert legal representation, given the potential penalties. Being informed about the offence’s intricacies can also assist communities in understanding and preventing such crimes.