Break, enter and commit a serious indictable offence carries up to 14 years' imprisonment under section 112 of the Crimes Act 1900, rising sharply where aggravating circumstances are alleged.
Our Sydney criminal defence team acts quickly to protect your bail position and your future, from your first police interview through to sentencing.
Enter your details and Muhammad or our team will call you back. Available 24/7.
Break, enter and commit a serious indictable offence carries a maximum penalty of 14 years' imprisonment under section 112 of the Crimes Act 1900 (NSW), rising to 20 years where aggravating circumstances applied — such as being in company or the premises being occupied — and 25 years for specially aggravated circumstances, such as being armed or causing injury. These are serious indictable offences usually finalised in the District Court, though less serious, low-value matters can sometimes remain in the Local Court by consent.
Section 112 of the Crimes Act 1900(NSW) criminalises breaking and entering a building or structure with intent to commit, or while committing, a serious indictable offence inside — most commonly larceny. "Breaking" is interpreted broadly and does not require damage.
Importantly, the offence charged, and the tier of penalty that applies, depends on how the incident is characterised at the time it's reported — whether anyone else was involved, whether a weapon was present, and whether the premises was occupied. These details are sometimes disputed or overstated in an initial police version of events, and testing them properly is often where a case is genuinely won or lost.
These charges cover an enormous range of circumstances — a spontaneous entry through an unlocked back door, a planned break-in of a commercial premises overnight, or an opportunistic entry into a share house by someone who once had a lawful reason to be there. The building doesn't need to be a private home; shops, offices, garages and other structures are all covered by section 112, and the offence can be made out even where very little, or nothing at all, was ultimately taken.
A person who breaks and enters any dwelling-house or other building and commits any serious indictable offence therein is liable to imprisonment for fourteen years.
— Section 112(1), Crimes Act 1900 (NSW)
These tiered maximum penalties exist because the legislature recognises that a break and enter committed alone, at night, against an empty commercial premises, is a very different proposition to one committed by several people, in company, against an occupied home. Where your matter sits on that spectrum has an enormous effect on your bail position, whether the matter is fought summarily or on indictment, and the sentence ultimately available to the court.
Charged with taking something without breaking in, or from an open premises? See our property offence lawyers Sydney page instead.
| Category | Maximum Penalty | Court | Aggravating Factors |
|---|---|---|---|
| Basic offence (s112(1)) | 14 years imprisonment | District Court (Local Court by consent for minor matters) | None alleged |
| Aggravated (s112(2)) | 20 years imprisonment | District Court | In company, armed, knowledge occupants were present, or corporal violence used |
| Specially aggravated (s112(3)) | 25 years imprisonment | District Court | Armed with a dangerous weapon, or wounding/grievous bodily harm inflicted |
Which tier applies drives everything from your bail position to sentencing exposure, so an early, accurate assessment of the alleged circumstances is essential. Whether the prosecution can actually make out the aggravating or specially aggravating elements alleged is frequently a live issue in its own right, separate from whether the break and enter itself is contested.
Break and enter matters are frequently built on circumstantial evidence, which leaves real room to challenge the prosecution case. Our lawyers scrutinise the evidence to establish valid legal defences, which may include:
If you entered for an innocent reason — sheltering, retrieving your own property, or a genuine misunderstanding — the required criminal intent may not be provable. Intent must be assessed at the precise moment of entry, not from what happened afterwards.
CCTV, forensic (DNA or fingerprint) and eyewitness identification evidence is frequently contested, particularly where the premises was dark, unattended, or the identification was fleeting. Forensic transfer evidence can also be innocently explained in some circumstances.
A genuine, honestly held belief that you had a legal right to enter or take property — for example, a dispute over jointly owned premises or belongings — can negate criminal liability. The belief must be honestly held, even if it later turns out to be mistaken.
Where you were compelled to participate by a genuine and immediate threat to your safety, duress may be available, though it is applied narrowly by the courts and requires you to have had no realistic way to refuse or escape.
Because break and enter is an indictable offence, the process is generally longer and more procedurally involved than a purely summary matter, particularly if it proceeds to the District Court. Knowing what lies ahead at each stage helps you make informed decisions about your plea and your defence.
You are charged and either granted police bail or held for a court bail hearing. Aggravated matters and those with a relevant record attract closer scrutiny at this stage, and an urgent bail application may be needed.
All indictable matters begin in the Local Court, where the police brief of evidence is served and an early plea can be indicated for a sentencing discount of up to 25 per cent.
The prosecution and defence discuss the charges, the evidence, and whether the matter can be resolved by an agreed guilty plea to appropriate charges, which can avoid the cost and uncertainty of a trial.
If the matter is not resolved and remains indictable, it is committed to the District Court for trial or sentence, and a further case management hearing is typically listed there.
A District Court judge (with or without a jury) determines guilt at trial, or proceeds directly to sentencing following a guilty plea, taking into account the aggravating and mitigating factors of your matter.
Break and enter charges move quickly and often involve a bail decision within hours of arrest, which is why having an experienced team who can act immediately matters so much. We work through the Local and District Court process with you at every stage, from the first bail hearing through to sentencing.
We move quickly to prepare and run bail applications, including for aggravated matters with tighter jurisdictional tests, so you are not left waiting in custody unnecessarily.
We examine identification evidence, forensic reports and surveillance footage for weaknesses in the prosecution case, engaging independent experts where needed.
We provide transparent, fixed-fee structures across the Local and District Court process wherever possible, so cost never becomes a barrier to a proper defence.
Charged after hours or on a weekend? We are always available for urgent advice and police station attendance, whenever the call comes in.
Need help with a related bail matter? Visit our bail applications page, or learn more about our firm on our About page.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: July 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
