Where a person breaks into the place of another person without their consent with an intent to commit an offence, they are guilty of the offence of break and enter. There are a number of different break and enter offences depending on the surrounding circumstances.
The act of ‘breaking’ can be actual or constructive – anything from the actual breaking of a lot to entry obtained by threats.
More serious penalties apply to those convicted with an aggravated or specially aggravated offence.
An aggravated offence may apply where the accused person is armed with an offensive weapon, is in the company of another person, or deprives the victim of their liberty. In circumstances of aggravation, break and enter can carry a maximum penalty of 20 years imprisonment.
Special aggravation applies in circumstances where the accused wounds or inflicts grievous bodily harm, may be armed with a dangerous weapon. In circumstances of special aggravation, a convicted person faces a maximum of 25 years in prison.
Choosing Wollongong Criminal Law to represent you means choosing lawyers who have your best interests in mind. If you’ve been charged with a break and enter offence, you’ll want lawyers with the right expertise and knowledge to represent and advocate for your best interests and ensure you achieve a just outcome. Give Wollongong Criminal Law a call today to discuss your matter and receive advice tailored to your circumstances.
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