Break and enter to steal is a serious criminal offence in Australia that involves unlawfully entering a building or property with the intent to commit a theft or indictable offence inside. Commonly referred to as burglary, this offence carries heavy penalties, especially if it involves residential premises, weapons, or repeat offending.
Whether it’s a home, shop, warehouse, or office, breaking and entering with the intent to steal is viewed as a violation of personal and property safety—and courts impose tough penalties even for first-time offenders.
This guide outlines what the offence involves, how charges are laid, the court process, available defences, and the laws and penalties across each Australian state and territory.
To be charged with break and enter to steal (or burglary), the prosecution must prove that you:
Entered a building or premises unlawfully
Did so with the intent to steal, commit assault, or damage
Used force, deception, or trespass to gain entry
The offence is often aggravated if:
It occurred at night
A weapon was used or carried
The premises were residential
The offence was committed in company (with others)
People were present during the offence
Break and enter charges are typically laid after:
Witness reports or home security footage
Forensic evidence (e.g. fingerprints, DNA)
Police investigation following a burglary
Admissions or possession of stolen items
Entry tools found at the scene or on the accused
Police may arrest and charge the individual directly or issue a court attendance notice, depending on the severity and evidence available.
These offences are considered indictable and are usually dealt with in:
District or County Court (more serious)
Magistrates’ Court (less serious, if value or circumstances are minor)
Typical court steps:
First appearance – Plea entered
Committal process – Determines if the case proceeds to a higher court
Trial or plea hearing
Sentencing – Penalty based on intent, force used, and aggravating factors
Possible defences include:
No unlawful entry – You were allowed on the premises
No intent to steal – You entered for a different reason
Mistaken identity – You were not the person who entered
Lack of evidence – Insufficient proof of break-in or theft
Duress – You were forced or coerced to commit the offence
Mental impairment – Affects criminal responsibility
Each jurisdiction classifies this offence under its criminal code, often with aggravating tiers and increased penalties for armed or residential burglaries.
Legislation: Crimes Act 1900 (NSW) – Section 112
Offence: Break, enter and steal / commit serious indictable offence
Penalty:
Up to 14 years’ imprisonment
Aggravated offence – Up to 20 years
Specially aggravated offence – Up to 25 years
Legislation: Crimes Act 1958 (VIC) – Section 76 (Burglary) & 77 (Aggravated burglary)
Penalty:
Burglary – Up to 10 years’ imprisonment
Aggravated burglary (e.g. with weapon or while people present) – Up to 25 years
Legislation: Criminal Code Act 1899 (QLD) – Section 419
Offence: Burglary (entering dwelling with intent to commit indictable offence)
Penalty:
Up to 14 years
If committed at night, in company, or with weapon – Up to life imprisonment
Legislation: Criminal Code Act Compilation Act 1913 (WA) – Section 401
Offence: Burglary and stealing
Penalty:
Up to 14 years
Aggravated burglary – Up to 20 years (e.g. armed or in company)
Legislation: Criminal Law Consolidation Act 1935 (SA) – Section 167
Offence: Serious criminal trespass (residential or non-residential)
Penalty:
Residential – Up to 15 years’ imprisonment
Non-residential – Up to 10 years
Legislation: Criminal Code 2002 (ACT) – Section 312 (Burglary)
Penalty:
Basic burglary – Up to 14 years’ imprisonment
Aggravated burglary (e.g. weapon or violence) – Up to 25 years
This page offers general information only and is not a substitute for legal advice. Criminal laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
