The maximum penalty in NSW for the criminal charge of break & enter and steal is 2 years’ imprisonment. To convict you of such crime, the police must prove each of the following elements beyond reasonable doubt: • Breaking in and entering the place • Intent to commit a serious indictable offence in those premises The police will also need to prove that you were the person who committed the break, enter and steal offence. Possible defences: • Duress • Necessity • Self Defence

Types of penalties

Depending on the circumstances to your matter, the following penalties could be imposed by the court if you are found guilty of break, enter and steal: • Section 10 (avoiding a criminal record) • Fine • Good behavior bond • Community Service Order • Periodic detention • Intensive correction • Imprisonment


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