Overview of Break and Enter Offences

A Break and Enter offence is when a person enters another’s dwelling with intent to commit an indictable offence. Commonly, an indictable offence is to steal, destroy or damage property or assault another individual.

There are a range of negligible and serious crimes relating to breaking and entering within NSW. Depending on circumstances related to the offence, you may face a heavy fine or imprisonment.

Types of Break and Enter Offences

There are various Break and Enter offences contained in the Crimes Act 1900 (NSW). These include:

  • break out of a dwelling-house after committing, or enter with intent to commit, an indictable offence
  • break, enter and assault with intent to murder
  • enter a dwelling house with intent to commit a serious indictable offence
  • break, enter and commit a serious indictable offence
  • break and enter with intent to commit a serious indictable offence
  • being armed with intent to commit an indictable offence
  • being a convicted offender armed with intent to commit an indictable offence

Receiving Stolen Goods

Under section 188 of the Crimes Act 1900, receiving stolen property is classified as a criminal offence with offenders liable to significant penalties.

Joy Riding

Under section 154A of the Crimes Act 1900, the offence of joy riding, otherwise referred to as taking a conveyance without consent is classified as a criminal offence with offenders liable to significant penalties.

Break and Enter Penalties

There are a number of possible penalties associated with a break and enter offence. The maximum penalty for Break and Enter in NSW is punishable with a maximum on 14 years imprisonment.

Possible penalties include:

  • Jail
  • Home Detention
  • Intensive Corrections Order (ICO)
  • Suspended Sentence
  • Community Service Order (CSO)
  • Good Behaviour Bond
  • Community Corrections Orders (CCO)
  • Fines
  • Section 10A
  • Conditional Release Order (CRO)
  • Section 10