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Home | Criminal laws | Stealing & Fraud Charges | Breaking And Entering

Breaking And Entering

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In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

You broke into a house or other dwelling (as opposed to simply entering it);
You entered the property;
You committed or intended to commit a serious indictable offence

Breaking And Entering may be actual or constructive. Actual breaking is where the security of the house is infringed though there not need be any breaking of any object see R v Smith (1827) 1 Mood 178.

Constructive Breaking occurs when entry is obtained by fraud, or threats, or by the use of a key which the person is not entitled to use. The test is whether a person entering the house believed he had no authority to enter. See R v Chandler [1913] 1 KB 125

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Breaking And Entering With Circumstances of Aggravation

In addition to the above, if there are certain features present, the penalty can be more severe. Those are as follows:

the alleged offender is armed with an offensive weapon, or instrument,
the alleged offender is in the company of another person or persons,
the alleged offender uses corporal violence on any person,
the alleged offender intentionally or recklessly inflicts actual bodily harm on any person,
the alleged offender deprives any person of his or her liberty,
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.

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Specially aggravated offence

the alleged offender intentionally wounds or intentionally inflicts grievous bodily harm on any person,
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,
the alleged offender is armed with a dangerous weapon.

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2023-03-30

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2023-03-28

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2023-03-23

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Breaking And Entering

As Featured In

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

You're in safe hands

Breaking And Entering With Circumstances of Aggravation

Obtain Specialised Criminal Law Advice & Representation

Breaking And Entering Services

Specially aggravated offence

You're in safe hands

You're in safe hands

Our Legal Expertise Has Directly Led to Clients’ Success

You're in safe hands

Frequently Asked Questions

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Breaking And Entering

As Featured In

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

You're in safe hands

Breaking And Entering With Circumstances of Aggravation

Obtain Specialised Criminal Law Advice & Representation

Breaking And Entering Services

Specially aggravated offence

You're in safe hands

You're in safe hands

Our Legal Expertise Has Directly Led to Clients’ Success

You're in safe hands

Frequently Asked Questions

Book a free Initial Consultation

With one of our Experienced Lawyers

Quick Links

Areas Of Practice

Criminal Law Services

Family Law Services

Traffic Law Services

Get in touch

Get in touch

Book a free
Initial Consultation