Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.

- Client

I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.

- Client

Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!

- Client

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.

- Client

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.

- Client

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.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

Break and Enter

Burglary is the offence of entering the dwelling of another person with the intent to commit a crime and is created by section 419(2) of the Criminal Code Act 1899. If the offence is committed via a “break” (commonly called “breaking and entering”) the maximum penalty rises to life imprisonment.

The Offence of Burglary By Break

The term “dwelling” has a wide meaning under the Act and includes a building or part of a building used as a residence:

Dwelling includes any building or structure, or part of a building or structure, which is for the time being kept by the owner or occupier for the residence therein of himself or herself, his or her family, or servants, or any of them, and it is immaterial that it is from time to time uninhabited. A building or structure adjacent to, and occupied with, a dwelling is deemed to be part of the dwelling if there is a communication between such building or structure and the dwelling, either immediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise.

What is a Break?

A break, for the purpose of subsection (2), refers to any entry to a dwelling that is not achieved by walking through an already open door. A break includes the act of opening an unlocked door and the term defines actions all the way up to forcible entry using tools. A break can also be constituted by the making of threats to gain entry to a dwelling, or by collusion with a person already in the dwelling.

What Actions Might Constitute Burglary By Breaking?

Entry to a dwelling that is not achieved by walking through an already open door. For example:
- Lifting/winding open an unlocked window
- Forcing an old back door
- Climbing through the chimney

Making threats to gain entry to the dwelling.
Colluding with another person already inside the dwelling.

What the Police Must Prove

The police must prove:

that you entered a dwelling of another;
that you did so with the intent to commit an offence; and
that the offence you intended to commit was an indictable offence; and
that you entered the building by a break.

The police do not necessarily need to prove exactly which offence you intended to commit in the dwelling in order to convict you of burglary by break, but there must be evidence that you intended to commit some form of indictable offence.

Possible Defences to Burglary By Breaking

A person charged with break and enter may defend the charge by arguing:

they did not have the necessary intent to commit an indictable offence;
the premises was not a dwelling;
they didn’t enter the dwelling;
they committed the offence under duress;
their entry to the dwelling did not involve any break.

Which Court Will Hear My Matter?

An offence of burglary by break will be heard and determined in the District Court.

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

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?

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