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Break, Enter, and Steal

Robbery Offences – NSW

Welcome to the NSW Break, enter and steal article page. Everything you need to know about Break, enter and steal according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Break, enter and steal

According to NSW Law for the charge of Break, enter and steal:

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
16569 Break and Enter building commit felony (NOT steal)-SI
571 Break and Enter building commit felony (steal)
16574 Break and Enter building commit felony (steal) value <=$2000-T1
16571 Break and Enter building commit felony (steal) value >$ 2000 & <=$ 5000-T1
16572 Break and Enter building commit felony (steal) value >$ 5000 & <=$15000-T1
16573 Break and Enter building commit felony (steal) value >$15000-SI
16570 Felony (Not steal) in building & break out-SI
572 Felony (steal) in building & break out
16575 Felony (steal) in building & break out value <=$2000-T1
16576 Felony (steal) in building & break out value >$ 2000 & <=$ 5000-T1
16577 Felony (steal) in building & break out value >$ 5000 & <=$15000-T1
16578 Felony (steal) in building & break out value >$15000-SI
52055 Break and Enter building (destroy/damage) value <= $15000-T1
52056 Break and Enter building (destroy/damage) value > $15000-SI
52063 Break and Enter building (offence NOT steal/destroy/damage)-SI
35311 Break and Enter building (offence NOT steal)-SI
35313 Break and Enter building (steal) value <= $15000-T1
35316 Break and Enter building (steal) value > $15000-SI
52064 In building (offence NOT steal/destroy/damage) & break out-SI
35317 In building (offence NOT steal) and break out-SI
52057 In building destroy/damage and break out value <= $15000-T1
52058 In building destroy/damage and break out value > $15000-SI
35319 In building steal and break out value <= $15000-T1
35322 In building steal and break out value > $15000-SI
63646 Break & Enter etc do indictable offence (not steal/damage)-SI
63648 Break & Enter house etc destroy etc property <= $15,000-T1
71820 Break & Enter house etc destroy etc property <= $60,000-T1
65391 Break & Enter house etc destroy etc property >$15,000-SI
71821 Break & Enter house etc destroy etc property >$60,000-SI
63647 Break & Enter house etc steal value <= $15,000-T1
71822 Break & Enter house etc steal value <= $60,000-T1
65390 Break & Enter house etc steal value >$15,000-SI
71823 Break & Enter house etc steal value >$60,000-SI
63649 In house do indictable offence (not steal/damage) break out-SI
63651 In house etc destroy etc property & break out <= $15,000-T1
71824 In house etc destroy etc property & break out <= $60,000-T1
65393 In house etc destroy etc property & break out >$15,000-SI
71825 In house etc destroy etc property & break out >$60,000-SI
63650 In house etc steal and break out value <= $15,000-T1
71826 In house etc steal and break out value <= $60,000-T1
65392 In house etc steal and break out value >$15,000-SI
71827 In house etc steal and break out value >$60,000-SI

The Maximum Penalty – Break, enter and steal

According to NSW Law for the charge of Break, enter and steal:

The maximum penalty for the charge of break, enter and steal (Section 562I(1) of the Crimes Act) is a fine of 50 penalty units and/or two years imprisonment.

In NSW, a court can impose any of the following penalties for a break, enter and steal charge.

  • Section 10: break, enter and steal proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

What the Police must prove according to NSW Law for Break, enter and steal

To convict you of a break, enter and steal charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. Breaking and entering the place.
  2. Intent to commit a serious indictable offence in those premises.

They will also need to prove that you were the person who committed the break, enter and steal offence.

Possible Defences under NSW Law – Break, enter and steal

Possible defences to a break, enter and steal charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Break, enter and steal

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a Break, enter and steal charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines for a Break, enter and steal charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a Break, enter and steal charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a Break, enter and steal charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a Break, enter and steal charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a Break, enter and steal charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a Break, enter and steal charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a Break, enter and steal charge: This is the most serious penalty for the charge of Break, enter and steal and involves full time detention in a correctional facility.

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