Break and Enter

In NSW and other Australian jurisdictions, "stealing" and "larceny" are often used interchangeably. However, "larceny" is the technical legal term. “Stealing” is a more general term used in plain language or in the context of specific statutory offences like stealing a motor vehicle or stealing from an employer.

• Yes.

There must be some movement of the item, even minimal. Simply touching or attempting to steal may constitute attempted larceny, but not full larceny unless the item is carried away.

• Yes.

Returning the property after the fact does not negate the original intent to permanently deprive at the time of the taking, which is the key element.

Larceny is an indictable offence, but under Table 1 of Schedule 1 of the Criminal Procedure Act 1986 (NSW), it is triable summarily in the Local Court depending on:

• The value of the property
• The circumstances of the offence
• Whether the prosecution or defence elects a District Court trial

• Yes.

Unlike simple theft or larceny, robbery requires the use or threat of force. Even minimal physical contact or intimidation may be sufficient if it facilitates the theft.

The Crimes Act 1900 (NSW) outlines several robbery-related offences:

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Section 95 defines aggravated robbery as robbery committed:

• With a weapon or instrument
• In company with others
• While causing actual bodily harm

This elevates the offence and increases the maximum penalty to 20 years imprisonment.

• Robbery (s 94): Force or threat used to steal.
• Armed robbery (s 97): Robbery committed while armed with an offensive weapon or in company and using violence or threats.

An offensive weapon may include:

• Firearms
• Knives
• Imitation weapons
• and/or Any object used to threaten or cause injury

• Yes.

Section 98 provides for “assault with intent to rob”.

If a person assaults another with the intention of committing a robbery (even if unsuccessful), they may still face charges with a maximum penalty of 14 years.

A Break and Enter offence occurs when a person:

• Breaks into a dwelling or building,
• Enters without consent, and
• Commits a further offence (e.g. larceny, assault, or property damage) or intends to commit such an offence once inside.

This offence is codified under section 112 the Crimes Act 1900 (NSW).

No. The term "breaks" includes:

• Physical force to open a door or window, even if minimal.
• Entry through an already open but closed door or window (if opened without consent).
• Entry via fraud or deception can also suffice in some circumstances.

It is important to note entering through an already open and unlocked door without any manipulation may not constitute a "break" under the traditional definition.

Aggravating factors under section 112(2) the Crimes Act 1900 (NSW) include:

• Being armed with a weapon
• Being in company with others
• Use or threat of violence
• Knowing there are people inside the premises

Special aggravation under section 112(3) the Crimes Act 1900 (NSW) may include:

• Infliction of grievous bodily harm
• Use of a dangerous weapon

• Break and Enter offences under s112 the Crimes Act 1900 and s113 the Crimes Act 1900 are strictly indictable and must be finalised in the District Court.
• Certain less serious related offences (e.g. trespass or minor larceny) may be dealt with in the Local Court.

• Yes.

Intent to commit a serious indictable offence is sufficient for liability under s112(1) the Crimes Act 1900 (NSW). Actual completion of the offence is not required.

• Yes.

These are serious criminal charges that can result in a criminal record, fines, or imprisonment. Early legal advice can help protect your rights, review the evidence, and develop a strong defence strategy.

Obtaining legal advice as soon as possible ensures that you understand your charges, legal options, and potential consequences. It can also help you respond appropriately to police investigations, court proceedings, and bail applications.

While you have the right to represent yourself, these offences are often complex. A criminal lawyer can explain the law, challenge evidence, negotiate with prosecutors, and increase your chances of a favourable outcome.