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Break and Enter Offences

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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  1. Break and Enter Offences CRIMES ACT 1900 Section 109 -Section115A

  2. 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).

  3. 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.

  4. 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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