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
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:
| 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 |
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 an break, enter and steal charge.
You’ll find a brief description of each of these penalties at the bottom of this page.
To convict you of a break, enter and steal charge, the police must prove each of the following matters beyond a reasonable doubt:
- Breaking and entering the place.
- 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 to an break, enter and steal charge include but are not limited to:
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 an 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. Read more.
Fines for an break, enter and steal charge: When deciding the amount of a fine for a break, enter and steal charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.
Good behaviour bond for an 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. Read more.
Community service order for an 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. Read more.
Suspended sentence for an 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. Read more.
Periodic detention for an 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 an 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. Read more.
Jail for an 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. Read more.
