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ARTICLE · 14 MARCH 2023

Break and enter: Australian criminal law

Defines the offence "break & enter" & discusses penalties etc.

AustraliaCriminal Law

To "break and enter" means to physically break into a home or building or enter through a door, window, or gate that's not open, but unlocked. However, people believe this criminal offence always involves physical force. But what is the meaning of the offence under the law?

The Crimes Act 1900 deals with laws relating to the offence of break and enter. This article discusses its definition and penalties, among other things.

The Break and Enter Offence Under Australian Criminal Law

Break and enter is a serious offence as parties who break and enter also generally commit or intend to commit serious offences once inside the dwelling. The most common type of break and enter offence in New South Wales is the offence of "break and enter and committing a serious indictable offence" and "break and enter with intent to commit a serious indictable offence" under Sections 112 and 113 of the Crimes Act 1900.

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