Breaking, Entering and Assaulting with Intent To Murder

The offence of Break, Enter and Assault with Intent To Murder is a very serious offence which carries a maximum penalty of 25 years imprisonment. 

The offence does not require an actual murder – but just an assault with intent to murder, or the infliction of grievous bodily harm.

What is Breaking, Entering and Assaulting with Intent To Murder?

The offence of Breaking, Entering and Assaulting with Intent To Murder is contained within section 110 of the Crimes Act 1900 (NSW) which states:

Whosoever breaks and enters any dwelling-house, or any building appurtenant thereto, and while therein or on premises occupied therewith assaults with intent to murder any person, or inflicts grievous bodily harm upon any person, shall be liable to imprisonment for 25 years.

Grievous Bodily harm includes any permanent or serious disfiguring of the person. Grievous bodily harm requires that the injury be a really serious one, but does not require that the injury be permanent or that the consequences of the injury are long lasting or life threatening.

The following acts constitute Breaking, Entering and Assaulting with Intent to Murder:

• Breaking into someone’s home and assaulting them, with the intent of killing them;
• Breaking into someone’s apartment and getting into a scuffle with a resident, and during the scuffle, the person falls, hitting their face, and they lose their eyesight;
• Breaking into a house and punching someone in the face, knocking their front teeth out. 

What Must be Proven?

For a person to be found guilty of Breaking, Entering and Assaulting with Intent To Murder, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• that you broke and entered a dwelling hours; and
• while in or on the premises, either:
  • assaulted with intent to murder or 
  • inflicted grievous bodily harm on someone.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.

Possible Defences to Breaking, Entering and Assaulting with Intent To Murder

The following defences may be available for a Breaking, Entering and Assaulting with Intent To Murder charge:

• that the injury was not grievous bodily harm;
• that there was no intent to murder;
• that you did not “break and enter”
• self defence;
• necessity
• duress.

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In NSW, a Court can impose any of the following penalties for a Breaking, Entering and Assaulting with Intent To Murder charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for an offence might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol?

It is most likely that you would receive some kind of a custodial sentence for this offence, even if you have never been charged with a criminal offence before. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.