What is the penalty for break and enter?

What is the penalty for break and enter?

There are a range of different types of break and enter type offences, with the maximum penalty for break and enter type offences ranging from 2 years to 25 years.

For example, the offence of Break and Enter and commit a serious indictable offence carries a maximum penalty of 2 years imprisonment in the Local Court and 14 years imprisonment in the District Court.

Other types of break and enter offences include:

• Section 109 of the Crimes Act 1900, which is breaking out of a dwelling house after committing, or entering with intent to commit and indictable offence,
• Section 110 of the Crimes Act 1900, which is breaking and entering any dwelling house and assaulting with intent to Murder,
• Section 11 of the Crimes Act 1900, which is entering a dwelling house with intent to commit a serious indictable offence,
• Section 112 of the Crimes Act 1900, which is breaking an entering a dwelling house and committing a serious indictable offence,
• Section 113 of the Crimes Act 1900, which is breaking and entering a dwelling house with intent to commit a serious indictable offence,
• Section 114 of the Crimes Act 1900, which is being armed with intent to commit a serious indictable offence.

Which court will hear my case and how does that effect the penalty for break and enter?

What court the matter will be heard in is often dependent on the serious indictable offence alleged. For example, where the offence is stealing or malicious damage the matter is likely to be heard in the Local Court. It is also noteworthy that the maximum penalty increases if the offence is committed in circumstances of aggravation or special aggravation. A common circumstance of aggravation is being in company with another person.

Any form of Break and Enter is considered an extremely serious offence and courts can impose a heavy penalty for break and enter offence. Serious forms of break and enter offences will often warrant the imposition of a full-time custodial sentence. The likely penalty for a break and enter offence will depend largely upon the circumstances of the offence and the seriousness of the particular offence.

For more information and some case studies for clients we have appeared for, go to:

https://lylawyers.com.au/criminal-law/criminal-offence/break-and-enter/

If you have been charged with a break and enter offence, it is important that you contact an experienced criminal lawyer immediately.

Call LY Lawyers on 1300 595 299 for a free consultation.