Break and Enter

Property Offence Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Being charged with break and enter is a serious matter carrying the risk of a criminal record and significant imprisonment. These charges often involve complex forensic evidence like DNA, fingerprints, or CCTV which requires careful analysis. Securing experienced legal representation is the most important step in protecting your freedom.

At Douglass & Ford, we provide a strategic defence for all theft and property matters. With over 20 years of combined experience, our solicitors understand the nuances of NSW property law. We work quickly to examine the prosecution’s evidence, challenge identification issues, and ensure your side of the story is heard in court.

How we can help you with your break and enter case

We understand the stress that comes with facing property damage or theft allegations. Our priority is to protect your future through:

• Challenging Identification: We carefully scrutinize DNA, fingerprint evidence, and CCTV clarity to ensure you haven’t been wrongly identified by police.
• Meticulous Brief Analysis: We review police statements and forensic reports to identify inconsistencies that can be used to have charges dropped or downgraded.
• Strategic Negotiations: We often negotiate with the police to move a matter from “Break and Enter” to a less serious charge, such as “Larceny” or “Trespass,” which carries much lighter penalties.
• Securing Non-Convictions: For less serious property matters or first-time offenders, we have a proven track record of arguing for Section 10 non-convictions to avoid a permanent criminal record.
• Avoiding Imprisonment: For serious or “Aggravated” charges, we focus on providing the court with strong mitigating evidence and rehabilitation plans to argue for community-based sentences.
• Applying for Legal Aid: We are proud members of the General, Indictable, and Serious Criminal Law Panels, making high quality legal representation accessible to everyone.

What constitutes a break and enter charge?

In New South Wales, these offences are governed by the Crimes Act 1900. To be found guilty, the prosecution must prove beyond a reasonable doubt that:

1. You “broke” into a building (this can include even minor force, such as opening a closed window).
2. You entered the building.
3. You committed a “serious indictable offence” inside (like theft or assault), or you entered with the specific intent to do so.

Types of penalties for break and enter

The courts view home or business invasions as a serious breach of community safety. Penalties may include:

• Full-Time Imprisonment: Maximum penalties range from 10 to 20 years depending on the severity and whether any “aggravating factors” were present.
• Intensive Correction Order (ICO): A custodial sentence served in the community under strict conditions, such as home detention or community work.
• Community Correction Order (CCO): A sentence that allows you to remain in the community under supervision and specific good behaviour conditions.
• Fines and Compensation: The court may order you to pay a fine or provide financial compensation to the victim for stolen goods or property damage.

Factors the court considers for property offences

When sentencing, the court will examine the specific details of the incident, including:

• The Nature of the Building: Was it a person’s home (dwelling-house) or a commercial shop? Offences involving homes are treated more harshly.
• Aggravating Factors: Was a weapon used? Was there anyone home at the time? Was it committed in “company” with other people?
• Value of Property: The total value of items stolen or the extent of the damage caused during the entry.
• Prior Character: Whether you have a history of similar property offences or a clean criminal record.

Common types of break and enter charges

• Break, Enter and Commit Felony: Entering a property and actually stealing something or committing another crime.
• Break and Enter with Intent: Entering with the plan to commit a crime, even if you were caught before doing so.
• Aggravated Break and Enter: Offences involving weapons, physical violence, or being in a group (in company).
• Specially Aggravated Break and Enter: The most serious category, involving the intentional wounding or infliction of grievous bodily harm during the crime.
• Being Found on Enclosed Lands: A less serious charge often used when the “intent” to commit a crime cannot be proven.

Legal defences to your charge

You may successfully defend a break and enter charge if one of the following applies:

• Identity: You were not the person who entered the property (for instance, a case of mistaken identity or flawed forensic evidence).
• Claim of Right: You had a genuine belief that you had a legal right to the property or to enter the premises.
• Duress: You were forced to commit the act under a threat of immediate and serious harm.
• Lack of Intent: You entered the building for a reason other than to commit a crime (for example, seeking shelter).

Queanbeyan & Monaro

• Jerrabomberra
• Googong
• Bungendore
• Braidwood
• Cooma
• the surrounding Snowy Monaro district