The offence of breaking into any house or building and committing a serious indictable offence is set out in Section 112 of the Crimes Act 1900 (NSW).

The penalties vary depending on the circumstances, ranging from 14 years to 25 years imprisonment. This offence covers both breaking into a house or building to commit a serious indictable offence, and committing such an offence inside and then breaking out.

Elements

The offence involves either of the following actions:

• Breaking into a building and committing a serious indictable offence, or
• Committing a serious indictable offence while inside a building and then breaking out.

Aggravated and Specially Aggravated Offences:

The severity of the penalty increases where aggravating factors are present.

Aggravated offence: Up to 20 years imprisonment.

Specially aggravated offence: Up to 25 years imprisonment.

Penalties

Offence: Maximum of 14 years imprisonment.

Aggravated offence: Maximum of 20 years imprisonment.

Specially aggravated offence: Maximum of 25 years imprisonment.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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