Break & Enter Lawyers 

What is Break and Enter 

"Break and enter” covers opening a closed entry point (even if unlocked) and going inside a dwelling or building, then either committing or intending to commit a serious indictable offence (an offence carrying 5+ years’ max). You don’t have to smash anything: opening a closed but unlocked door or window can be a “break”; walking through an already open door or widely open window usually isn’t.

What police must prove

Break, enter and commit a serious indictable offence — Crimes Act 1900 (NSW) s 112

To convict, the prosecution must prove you:

1. Broke and entered a dwelling or other building; and
2. Committed a serious indictable offence inside (e.g. steal/larceny, assault, destroy or damage property).

Break and enter with intent to commit a serious indictable offence — s 113

They must prove you:

1. Broke and entered; and
2. Intended to commit a serious indictable offence inside (even if nothing was ultimately taken or done).

Enter dwelling-house with intent to commit a serious indictable offence — s 111

They must prove you:

1. Entered a dwelling-house (no “break” required); and
2. Intended to commit a serious indictable offence inside.

Serious indictable offence = any offence with a maximum penalty of 5 years or more (e.g. steal/larceny, assault causing injury, destroy/damage property).

Maximum penalties 

• Enter dwelling-house with intent to commit a serious indictable offence (s 111)

Max: 10 years | Aggravated: 14 years | Specially aggravated: 20 years.

• Break, enter and commit a serious indictable offence (s 112)

Max: 14 years | Aggravated: 20 years | Specially aggravated: 25 years. 

• Break and enter with intent to commit a serious indictable offence (s 113)

Max: 10 years | Aggravated: 14 years | Specially aggravated: 20 years. 

• Being armed/with implements/disguised or on premises with intent (s 114)

Max: 7 years. 

• Being a convicted offender armed with intent (s 115)

Max: 10 years. 

Do I need to steal for it to be “break & enter”?

No. The law covers committing or intending to commit any serious indictable offence inside (e.g., intimidation, assault, damage)—not just theft. That’s why police sometimes lay s 113 (intent) or s 111 (enter with intent) even if nothing was taken.

Defence strategies we consider 

• No “break” or no “entry”
  The law requires a break (opening a closed point of entry) and entry. If a door/window was already open—or you never went inside—that element can fail.
• Consent, authority, or claim of right
  If you were invited in, had permission, or honestly believed you had a right to enter or be there, the offence may not be made out.
• No intent / mistake
  For intent-based charges, the Crown must prove you intended to commit a serious indictable offence inside. A wrong address, misunderstanding, or lack of intent can defeat the charge.
• Self-defence, duress, necessity, mental health
  Force used to protect yourself/others, acting under threat, or responding to an urgent situation can amount to a legal defence. Mental health pathways may also apply in appropriate cases.
• Unreliable identification
  Weak CCTV, poor lighting, masks, or inconsistent witness accounts can make ID evidence unsafe.
• Illegal search or inadmissible evidence
  If police searched unlawfully, or there are continuity/forensic issues, key evidence can be excluded.
• Gaps in proof
  The prosecution must prove every element beyond reasonable doubt. If any element isn’t proven to that standard, you’re entitled to be acquitted.

YDA approach: we pressure-test break/entry, intent, ID, and search lawfulness, then use targeted representations to seek withdrawal, downgrade, or position you for the lightest outcome if a plea is ultimately in your interests.

Your options & early-plea discounts

You can contest the charge or resolve it (where appropriate). If a matter proceeds on indictment, early guilty pleas can attract a statutory discount (up to 25% if entered in the Local Court before committal; 10% later in the District Court; 5% thereafter), subject to the EAGP rules and exceptions. We’ll advise what best serves your case.

Types of break & enter charges 

• 111: Enter dwelling-house with intent to commit a serious indictable offence — max 10 years (higher if aggravated/special).
• s 112: Break, enter and commit a serious indictable offence (or commit inside and break out) — max 14 years (20 if aggravated; 25 if specially aggravated).
• s 113: Break & enter with intent to commit a serious indictable offence — max 10 years (higher with aggravation).
• s 114: Armed with intent / implements / disguise / on premises with intent — max 7 years

What is a “break” or “entry”?

• Break” includes pushing open a closed (even if unlocked) door/window, lifting a latch or loosening a fastening. Further opening an already open window generally isn’t a break.
• “Enter” means any part of you (or an instrument you control) goes inside the premises. Courts look at practical reality, not technicalities.

Aggravated & specially aggravated circumstances

Where will my case be heard? (Local vs District)

Sentencing guide (what courts look at)

“The door was unlocked—does that still count?”