Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Break, Enter and Steal (NSW)
In New South Wales it is an offence to break into a house or premises and steal property or commit any other serious indictable offence. This offence is known as “Break, Enter and Steal” or “Break, Enter and Commit Serious Indictable Offence”. A ‘serious indictable offence’ is any offence that carries more than five years imprisonment, including offences such as larceny, assault occasioning actual bodily harm and sexual assault.
A person can be charged with this offence if they break something like a gate, lock, window or door, enter a house or premises and commit a serious indictable offence such as stealing or seriously assaulting someone.
There are different levels of ‘aggravation’ or seriousness of this offence depending on the conduct engaged in or the offence committed while inside the house or premises.
The maximum penalty for this offence is 14 years imprisonment.
If the offence is committed in ‘circumstances of aggravation’ the maximum penalty for this offence is 20 years imprisonment. ‘Circumstances of aggravation’ include having a weapon, being in the company of another person or knowing that there is someone else inside the house.
If the offence is committed in ‘circumstances of aggravation’ the maximum penalty for this offence is 25 years imprisonment. ‘Circumstances of aggravation’ include wounding or very seriously assaulting someone in the house or being in possession of a dangerous weapon.
The Offence of Break, Enter and Steal
The offence of Break, Enter and Steal or Break, Enter and Commit Serious Indictable Offence is contained in section 112 of the Crimes Act 1900 and states:
- (1) A person who:
- (a) breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
- (b) being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building,
is guilty of an offence and liable to imprisonment for 14 years.
- (2) Aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
- (3) Specially aggravated offence A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.
What Actions Might Constitute Break, Enter and Steal?
Examples of Break, Enter and Steal or Break, Enter and Commit Serious Indictable Offence include:
- Climbing onto the balcony of a second story apartment and breaking the flimsy lock on a screen door before stealing a laptop from the persons study;
- Kicking down the front door of a house and making off with the TV;
- Breaking a padlock on a work site in order to gain entry to the site and steal copper and tools with your friends; or
- Driving your car through a garage door to destroy chemicals and laboratory equipment in a warehouse that tests makeup and other products on live animals.
What the Police Must Prove
To convict you of Break, Enter and Steal or Break, Enter and Commit Serious Indictable Offence the prosecution must prove each of the following matters beyond reasonable doubt:
- That you broke something;
- That that by breaking something you gained access into a house, residence or premises;
- The that you entered the house, residence or premises; and
- That you either stole something or committed a serious indictable offence.
Possible Defences for Break, Enter and Steal
The common ways to defend this charge are:
- To maintain your innocence if you did not commit the act;
- To argue that you did not break anything;
- To argue that what you broke did not allow you to access the house or premises;
- To argue that you did not enter the house or premises;
- To argue that you did not steal anything or that you did not commit a strictly indictable offence; or
- To raise necessity or duress as the reason for your conduct.
Which Court Will Hear Your Matter?
The offence is a table one offence which means it will be finalised in the Local Court unless the Department of Public Prosecutions or you elects to have the matter finalised in the District Court.
If the matter remains in the Local Court the court can only impose a maximum penalty of two years imprisonment.
Home Detention: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.
Intensive Corrections Order (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.
Suspended Sentence: As a result of amended legislation this penalty was repealed on 24 September 2018. This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.
Community Service Order (CSO): As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.
Good Behaviour Bond: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.
Community Corrections Orders (CCO): A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.
Conditional Release Order (CRO): A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.
Section 10 avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
In New South Wales it is an offence to escape or try to escape from lawful custody, which is covered…
The right to freedom of political expression is protected under the Australian constitution. This includes taking part in peaceful protests.…
Arson is considered a grave and dangerous crime, due to its potential to cause death and destruction, and quickly. The…
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
22 St Georges Terrace Perth