Enter Dwelling House With Intent

Enter Dwelling House With Intent

Our specialist Enter dwelling house lawyers have significant experience in fighting these charges. We have a team of dedicated criminal lawyers who are ready to begin preparing your case.

Whether you are seeking to prove your innocence, or are pleading ‘guilty’ and trying to obtain the most lenient sentence, we are here to guide you through the process.

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.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Enter Dwelling House with Intent?

  Section 111 of the Crimes Act 1900 (NSW) sets out that an offence will be committed where a person enters a premise without consent, with intent to commit a ‘serious indictable offence’.

  Enter dwelling house with intent 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.

  How Do You Beat an Enter Dwelling House with Intent Charge?

  You can fight an Enter Dwelling house with intent charge in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:

  1. You entered a house, building or structure capable of being occupied, boat or vehicle where someone lives in; and
  2. You intended to commit an indictable offence (ie. an offence which carries a maximum penalty 5 years imprisonment or more)

  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.

  Elements of the Offence

  If you are charged with Aggravated Enter Dwelling house, in addition to the above two points, the prosecution must prove that:

  1. 1. You were armed with an offensive weapon
     2. You were in the company of another person
     3. You use violence
     4. You intentionally or recklessly inflict actual bodily harm
     5. You deprive any person of their liberty
     6. Before entering the building, you knew there was at least a person inside

  Specially Aggravated Enter Dwelling House with Intent

  If you are charged with Specially Aggravated Enter Dwelling house, in addition to the above two points, the prosecution must prove that:

  1. 1. You wounded, or intentionally or recklessly inflicted grievous bodily harm on another person
     2. You were armed with a dangerous weapon

  Defences to Enter Dwelling House with Intent

  You will be Not Guilty one of the following defences to a charge of Enter Dwelling House with Intent applies:

  1. Accident: You entered the wrong building or house by mistake.
  2. You did not intend to commit an offence when you entered the dwelling house.
  3. Claim of right: If you are charged with ‘Enter dwelling house with intent to steal’, you may have a defence if you held a genuine belief that the property ‘stolen’ was yours.
  4. Honest and reasonable mistake: You held a genuine belief that you were entitled to enter the house or building, and that belief was reasonable in the circumstances.
  5. Duress: You were forced to commit the offence
  6. Necessity: You needed to commit the offence

  Your charge will be dismissed if any one of the above defences apply to your case.

  Our team have years of experience dealing with Enter dwelling house charges. Contact us now to speak our team of specialist criminal lawyers. We can quickly assess whether you have any defences open to you and how to begin preparing for Court.

• PLEADING GUILTY

  Before pleading guilty, you should obtain advice from an experienced lawyer. Once you have entered a plea of ‘guilty’, it usually cannot be changed to ‘not guilty’.

  We are adept at quickly going through the evidence and may finding defences that other lawyers have missed or downgrading your charge to a less serious charge, such as Enter Inclosed Lands. This charge does not carry any jail time and if you plead guilty to it, you will have a strong chance of avoiding a conviction.

  If you have taken advice, you will then need to prepare for sentencing. You can refer to our general guide. However, you will need to speak to specialist Enter dwelling house solicitors for representation in Court and advice specific to your case.

  What is the Penalty for Enter Dwelling House with Intent?

  The maximum penalty for Entering a dwelling house with Intent is 10 years imprisonment if your case is heard in the District Court.

  If dealt with in the Local Court, the maximum is a term of imprisonment of up to 2 years.

  The maximum penalty for aggravated enter a dwelling house with Intent is 14 years imprisonment.

  The maximum penalty for specially aggravated enter a dwelling house with Intent is 20 years imprisonment.

  Sentencing for Enter Dwelling House with Intent

  Sentencing options for Enter Dwelling House with Intent charges are:

  1. Section 10 dismissal
  2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Home Detention Order (no longer used in NSW)
  8. Full Time Imprisonment

  Will You Go to Jail for Enter Dwelling House with Intent?

  Over the last 5 years, no person has avoided a criminal conviction for enter dwelling house with intent when sentenced in the District Court. 75% of people were sentenced to full-time imprisonment.

  Clearly, avoiding imprisonment is difficult. As such, you should speak to one of our specialist criminal defence solicitors for enter dwelling house with intent to discuss how we can best prepare your case.

FAQ

Can an Enter Dwelling House with Intent Charge be Downgraded?

Yes, you can offer to plead guilty to a lesser offence such as Enter Inclosed Lands (which does not carry any jail time). If this is accepted by the prosecution, the Enter Dwelling House with intent charge will be withdrawn.

Contact us today to discuss how we can begin the process of writing representations to Police or the DPP and have the charge downgraded.