Break and Enters (Burglary/Housebreaking)
When people think of ‘break and enter’ they often think of break enter and steal. However, stealing need not be part of this offence. A person can break and enter and commit an indictable offence such as sexual assault, or intimidation etc.
‘Breaking’ does not necessarily mean breaking a window or door or picking a lock. Simply opening a closed window or door to gain access to premises is sufficient. However, if a person enters through an open window or door, there is no ‘break’ and that offence cannot factually be proved guilty.
There are various forms of aggravating circumstances of a break and enter, including where more than one person breaks into premises, or where a person breaks in knowing a person is at home, or breaks in at night.
The penalties are really severe. Where the offence is aggravated then a person can be convicted of an offence with a maximum imprisonment of 25 years. For a break and enter offence that is under $15,000, then it can be summarily disposed of in the Local Court yet the penalty is still 2 years imprisonment.
Not only it severe but it is easy to be charges with break and enter, the breaking down of a relationship, the dispute with a flat mate or landlord can all potentially lead someone to be arrested for the so-called “break and enter.”
It’s serious, and don’t take risks if you are charged with this type of matter. Call us immediately for advice 24/7.
