The crime known as Break enter and commit serious indictable offence (aggravated or specially aggravated) is a serious one. NSW has the highest full-time imprisonment rate for break and enter offences. Our criminal lawyers constantly beat these charges because police often rely on evidence of fingerprints, DNA and CCTV, which we dismantle in court.
We also have a record of getting our clients’ lenient sentences for Break enter and commit serious indictable offence (aggravated or specially aggravated). Especially where they are first offenders or people who have committed the offences under the influence of drugs and/or alcohol.
How do I beat a charge of Break, enter and commit serious indictable offence (aggravated or specially aggravated)?
You will be found not guilty of the offence of Break, enter and commit serious indictable offence (aggravated or specially aggravated) if the police cannot prove beyond reasonable doubt:
- You broke by ‘actual
- breaking’. The security of the house is infringed though there need not be any actual breaking of any object. It is not a breaking to further open a door or window which is partly open. Or ‘constructive breaking’ where entry is obtained by fraud, or threats, or by the use of a key which the person is not entitled to use.
- Entered (it must be proved that the accused was in the building or land).
- Committed (or with intent to commit) a serious indictable offence (an offence carrying a term of imprisonment of five years or more).
- In circumstances of aggravation, means circumstances involving any one or more of the following:
- You are armed with an offensive weapon, or instrument;
- You are in the company of another person or persons;
- You use corporal violence on any person;
- You intentionally or recklessly inflict actual bodily harm on any person;
- You deprive any person of his or her liberty;
- You know that there is a person, or that there are persons, in the place where the offence is alleged to be committed. Or,
- In circumstances of special aggravation, means circumstances involving any one or more of the following:
- You intentionally wound or intentionally inflict grievous bodily harm on any person;
- You inflict grievous bodily harm on any person and are reckless as to causing actual bodily harm to that or any other person,
- You are armed with a dangerous weapon (a firearm, imitation firearm, a prohibited weapon or a spear gun).
Pleading guilty to Break, enter and commit serious indictable offence (aggravated or specially aggravated)
If you committed the offence and the police can prove so, we want to get you a better result than anyone else. We will often negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge, so that you get a lighter sentence.
An offence of Break, enter, and commit serious indictable offence (aggravated) carries a maximum penalty of 20 years imprisonment in the District Court. The offence of Break, enter, and commit serious indictable offence (specially aggravated) carries a maximum penalty of 25 years’ imprisonment in the District Court. These penalties are typically reserved for the worst offenders. Aggravated break and enter offences are extremely serious and you should contact our office immediately if you are charged with these offences.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Find out more about how to write a good reference here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Break, enter and commit serious indictable offence (aggravated or specially aggravated). For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
To discuss your charge of Break, enter and commit serious indictable offence (aggravated or specially aggravated), call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
Australian Criminal Law Group represented an Accused person charged with Break, enter and steal as part of a joint criminal enterprise. The Accused person dropped a friend off and waited for him outside his workplace, a warehouse. His friend returned with goods stolen from the workplace, which he had broken into. Criminal lawyer Joe Correy argued that there was no evidence that the Accused person could have known that his friend was breaking into the warehouse given he was waiting on the road and had no line of sight into the warehouse. His friend provided an affidavit stating that he told the Accused the goods he took from the warehouse were defective and unwanted. The charge was withdrawn.
Australian Criminal Law Group represented a client who was charged with a dozen break, enter and steal in company offences that were alleged to have occurred in schools. The Brief of Evidence was almost 10,000 pages. Our solicitor carefully dissected the Brief of Evidence and concluded that but for the one offence, which our client admitted to the police, there was no other evidence such as DNA or fingerprint at all. Our solicitor took the matter to a paper committal and had the charges for which there was no evidence dismissed by the Magistrate.
Australian Criminal Law Group represented a client charged with breaking and entering an underground carpark in the company of two others. The police relied on CCTV to identify the client. Criminal lawyer Joe Correy argued that it was impermissible for the police officer to identify his client because that was the job of the Magistrate. The Magistrate agreed and said there was no way he could be sure that the person in the footage was our client. He found our client not guilty of all charges.
Australian Criminal Law Group represented a client charged with breaking and entering an RSL as part of a joint criminal enterprise with another person. It was alleged our client was the lookout for sending text messages to another Accused person to let them know the coast was clear. Criminal lawyer Joe Correy argued that it wasn’t unusual for young people to have their faces glued to their phones and the timing was no more than a coincidence. The Magistrate agreed and found our client not guilty.