Break and enter (commit serious indictable offence)

What is the maximum penalty for break and enter in NSW?

A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.

What the charge covers

This charge applies where a person breaks into and enters a dwelling or other building and commits a serious indictable offence inside, most commonly stealing, but it can be any offence carrying 5 years or more. 'Breaking' can be as little as opening a closed door or window. The penalty escalates sharply if aggravating features are present, such as being armed, in company, or using violence.

How it is dealt with

Indictable; the basic s 112(1) offence is a Table 1 offence (can be dealt with summarily unless an election is made); aggravated and specially aggravated forms are strictly indictable

Where these figures come from

Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:

• www.judcom.nsw.gov.au
• www.judcom.nsw.gov.au

Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.