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Break and enter to steal

Break and enter to steal — often called burglary — is getting into a building you're not allowed in, with the intention of stealing (or committing another serious offence) once inside. Two things catch people out: the "break" doesn't mean smashing a window — slipping in through an unlocked door, or talking your way in, counts too. And you can be charged on the intent alone: you don't have to have actually taken anything. It's treated seriously, and the penalties climb steeply when it's a home, at night, with a weapon, or while people are there.

The whole idea in one picture

The entry, and the intent

Burglary isn't really about the loot — it's about getting in unlawfully, meaning to steal. And the moment you add a weapon, a home, or people inside, the penalties leap.

1 · Unlawful entry force · deception · trespass $ 2 · Intent to steal the reason for entering 3 · Made worse weapon · night · people home 4 · Penalties years to life

What the prosecution must prove

Break and enter has three parts — and notice that "stealing something" isn't one of them:

  1. You entered a building or premises unlawfully.
  2. You did so intending to steal (or to assault or cause damage).
  3. You got in by force, deception, or trespass.
Two things surprise people: the "break" can be as little as walking through an unlocked door or talking your way in — and you can be charged on the intent alone, even if you never actually took anything.

How a charge starts — and what makes it worse

These cases are usually built from what was left behind or seen, and the penalty depends heavily on the circumstances:

How it's caught

  • Witness reports or home security footage
  • Forensics — fingerprints or DNA
  • Admissions, or being found with stolen items
  • Entry tools found at the scene or on you

What makes it worse

  • It happened at night
  • A weapon was carried or used
  • It was a home (residential premises)
  • It was done with others, or while people were present

What happens at court

Break and enter is a serious (indictable) offence, usually heard in a higher court:

  1. First appearance — you enter a plea.
  2. Committal — decides whether the case goes up to a higher court.
  3. Trial or plea hearing.
  4. Sentencing — based on intent, the force used, and any aggravating factors.
Choose your state

Penalties where you are

New South Wales

NSW
Basic offence — top of the scale
Up to 14 years in jail

That's for break, enter and steal. Aggravated rises to 20 years; specially aggravated to 25.

Read this as a ceiling, not a forecast. These are the maximums for the worst cases. A non-aggravated, first-time matter is sentenced well below them — but break and enter is treated seriously even for first offenders.
When it's aggravated

Which court

Common defences

Because the case turns on unlawful entry and intent, defences usually target one or the other:

No unlawful entry

You were allowed to be on the premises.

No intent to steal

You entered for a different reason entirely.

It wasn't you

Mistaken identity, or not enough proof you were the one who entered.

Duress

You were forced or coerced into it.

Charged with break and enter? Get advice fast.

The aggravating factors are where the years pile on — and intent and identity are often arguable. We can point you to lawyers in your state.

Read this first

This is general information, not legal advice

This page explains how these charges generally work — it can't tell you what will happen in your case. Penalties shown are the legal maximums, aimed at the most serious cases. If you're charged, talk to a criminal lawyer before answering questions.

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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 criminal lawyer.