Breaking and entering a dwelling-house under the Crimes Act 1900 imposes severe penalties upon those convicted of it. In this article, we will explore the offence of breaking and entering a dwelling-house under the Crimes Act 1900, and the legal implications of this crime.
What Is Breaking and Entering?
Breaking and entering under the Act refers to the act of unlawfully entering a dwelling-house or other building with the intent to commit a serious indictable offence therein. The details about this offence will be discussed in the sections below, including the circumstances of aggravation of the crime.
Section 105A: Circumstances of Aggravation
Section 105A enumerates what acts qualify as “circumstances of aggravation” and “circumstances of special aggravation.” Thus, it is necessary that you know the difference between the two.
- Circumstances of aggravation exist when the alleged offender is:
- Armed with an offensive weapon, or instrument,
- In the company of another person or persons,
- Uses corporal violence (violence involving the human body) on any person,
- Intentionally or recklessly inflicts actual bodily harm on any person,
- Deprives any person of his or her liberty, or
- Knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed. Here, the law presumes that the defendant knows such fact unless the defendant satisfies the court that he or she had reasonable grounds for believing that there was no one in the place.
- Circumstances of special aggravation exist when the alleged offender:
- Intentionally wounds or intentionally inflicts grievous bodily harm on any person,
- Inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person, or
- Is armed with a dangerous weapon.
These circumstances can occur:
- immediately before, or
- at the time of, or
- immediately after any of the elements of the offence concerned occurred.
Section 109 and 110: Elements of Breaking and Entering a Dwelling-house
Section 109 imposes an imprisonment for 14 years upon a person who:
- enters the dwelling-house of another,
- with intent to commit a serious indictable offence therein, or,
- commits any serious indictable offence therein, and
- breaks out of the said dwelling-house.
The circumstances in the preceding section will aggravate the crime if it is proven that such circumstances exist. If so, he or she will be liable to imprisonment for 20 years. Moreover, if any of the circumstances of special aggravation is present, the offender will be liable to imprisonment for 25 years.
Section 110 of the Act also imposes imprisonment for 25 years upon those persons who break and enter any dwelling-house, or any building appurtenant to it, and while inside the premises:
- assaults with intent to murder any person, or
- inflicts grievous bodily harm upon any person.
Section 111: Entering Dwelling-house
Is the mere entering of a dwelling-house punishable? Yes. Section 111 specifically provides that anyone who enters any dwelling-house and intends to commit a serious indictable offence therein shall be liable to imprisonment for 10 years.
The circumstances of aggravation, if present, will increase the imprisonment to 14 years. Moreover, if the circumstances are that of special aggravation, the imprisonment further increases to 20 years imprisonment.
Section 112: Committing a Serious Indictable Offence
What is a serious indictable offence? Under the Crimes Act, a serious indictable offence is an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more. Some examples of this offence are:
- Larceny and other offences punishable as larceny,
- Child murder by mother, strictly indictable,
- Intentionally or recklessly destroying or damaging property,
- Break and enter with the intent to commit a serious indictable offence,
- Concealing a serious indictable offence, and so on.
The penalties for committing a serious indictable offence can range from fines to imprisonment for life, depending on the severity of the crime.
Section 112 imposes a penalty of 14 years imprisonment upon any person who commits or intends to commit any serious indictable offence and:
- breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
- commits any serious indictable offence therein and breaks out of the dwelling-house or other building.
If circumstances of aggravation are present, the law imposes imprisonment for 20 years. If it is a special aggravation circumstance, the imprisonment is for 25 years.
Preventing Breaking and Entering
Breaking and entering a dwelling-house is a severe crime in Australia, and it can have serious consequences for both the victim and the offender. Victims of breaking and entering often feel violated and unsafe in their own homes, and they may experience financial losses as well. Offenders, on the other hand, can face significant jail time and other penalties.
There are a number of things that can be done to prevent breaking and entering offences, such as installing security systems, keeping doors and windows locked, and being aware of your surroundings. However, even if you take all of these precautions, there is still a risk that your home could be targeted by burglars.
If you are the victim of a breaking and entering offence, it is important to report it to the police immediately.
Contact a Criminal Defence Lawyer
Breaking and entering a dwelling-house is a serious criminal offence in Australia. If you have been charged with this crime, it is important to hire a criminal defence lawyer as soon as possible.
A criminal defence lawyer can help you to:
- Understand your rights and obligations under the law
- Identify any potential defences to the charges against you
- Negotiate with the prosecution on your behalf
- Represent you in court if necessary
We have a team of experienced criminal defence lawyers at JB Solicitors who can help you navigate the legal process and achieve the best possible outcome for your case. Don’t wait until it’s too late.
Contact us today to protect your rights and future.
