Break and enter offences
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Break and Enter Offences. CRIMES ACT 1900 Section 109 -Section115A. Summary. The Crimes Act 1900 contains a number of break and enter offences. These include:

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Break and Enter Offences

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Break and enter offences

Break and Enter Offences

CRIMES ACT 1900

Section 109 -Section115A


Summary

Summary

  • The Crimes Act 1900 contains a number of break and enter offences. These include:

  • break out of a dwelling-house after committing, or enter with intent to commit, an indictable offence (s 109, maximum penalty 14 years)

  • break, enter and assault with intent to murder (s 110, maximum penalty 25 years)

  • enter a dwelling house with intent to commit a serious indictable offence (s 111, maximum penalty 10 years)

  • break, enter and commit a serious indictable offence (s 112, maximum penalty 14 years)

  • break and enter with intent to commit a serious indictable offence (s 113, maximum penalty 10 years)

  • being armed with intent to commit an indictable offence (s 114, maximum penalty 7 years), and

  • being a convicted offender armed with intent to commit an indictable offence (s 115, maximum penalty 10 years).


Aggravation

Aggravation

  • There are aggravated and specially aggravated forms of offences under the above sections with greater penalties. The circumstances of aggravation and special aggravation are defined in s 105A.

  • 105A defines circumstances of aggravation as circumstances involving one or more of the following:

  • (a)the alleged offender is armed with an offensive weapon, or instrument.

  • (b) the alleged offender is in the company of another person or persons.

  • (c) the alleged offender uses corporal violence on any person.

  • (d) the alleged offender intentionally or recklessly inflicts actual bodily harm on any person.

  • (e) the alleged offender deprives any person of his or her liberty.

  • (f) the alleged offender knows that there is a person, or that there are persons, in the place where the offence is alleged to be committed.


Special aggravation

Special aggravation

  • Section 105A defines circumstances of special aggravation as circumstances involving any one of the following

  • (a) the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,

  • (b) the alleged offender inflicts grievous bodily harm on any person and is reckless as to causing actual bodily harm to that or any other person,

  • (c) the alleged offender is armed with a dangerous weapon


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