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Our specialist aggravated break and enter lawyers have significant experience in fighting these charges. Our strategic approach has seen countless clients found ‘not guilty’ as well as many avoid jail sentences when they plead guilty.
Contact us now to speak to our accredited specialist criminal lawyer who can immediately advise you of any defences that may be open to you.
Section 112(2) of the Crimes Act 1900 (NSW) sets out an offence for breaking and entering a premise belonging to another person without their consent, with the intent to commit a ‘serious indictable offence’.
If the ‘serious indictable offence’ was stealing and the value of what was stolen was equal to or less than $60,000, then aggravated break and enter is a Table 1 offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless you or the prosecution elects to deal with it in the District Court.
If the value of what was stolen is greater than $60,000, then it is a strictly indictable offence. In this case, it must be finalised in the District Court.
You can fight an aggravated break and enter charge in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:
If any of these elements are not made out, then you can be found ‘not guilty’.
Secondly, you can rely on one of the defences.
If you are charged with specially aggravated break and enter, in addition to the above elements, the prosecution must also prove:
A serious indictable offence is any offence with a maximum penalty of five years imprisonment or more. The most common offence attached to break and enter charges is stealing (also known as ‘larceny’).
The following defences to Aggravated Break and Enter can be used:
Contact us now to see whether there are any defences that may be open to you. Our team of specialist criminal lawyers can quickly assess your case and advise you on the best ways to proceed.
Before pleading guilty, you should obtain advice from an experienced criminal lawyer for aggravated break and enter charges. The reason for this is that once you have entered a plea of ‘guilty’, it becomes very difficult to change your plea to ‘not guilty’.
One of our lawyers can peruse the evidence against you and may find a defence which you had not thought of or be able to downgrade your charge to a less serious charge.
If you have taken advice, you will then need to prepare for sentencing. You can refer to our general guide. However, you should speak to a specialist break and enter solicitor for representation in Court and advice specific to your case.
The maximum penalty for Aggravated Break, Enter and Commit serious indictable offence is 20 years imprisonment.
There is a standard non-parole period of 5 years imprisonment for this offence
The maximum penalty for Specially Aggravated Break, Enter and Commit serious indictable offence is 25 years imprisonment.
There is a standard non-parole period of 7 years imprisonment for this offence.
Below is a list of sentencing options for a charge of Aggravated Breaking and Entering:
Over the last 5 years, less than 1% of those found guilty of Aggravated Break and Enter received convictions. By contrast, almost 95% of sentences were some form of imprisonment. 68% of offenders were sentenced to full-time imprisonment.
Clearly, avoiding imprisonment is very difficult. As such, you should speak to one of our specialist criminal defence solicitors for aggravated break and enter charges to give yourself the best chance of avoiding jail. If there is any way to keep you out of jail, we are sure to find it.
What is the standard non parole period?
The standard non-parole period is the amount of time you must spend in gaol before you can be released on parole. There are different starting points for different offences. The starting point for ‘Aggravated Break, Enter and Commit serious indictable offence’ is 5 years imprisonment.
This does not mean that you will receive a non-parole period of 5 years prison. But this is where the Court will start in assessing what sentence should be imposed.