Breaking out of dwelling-house after committing, or entering with intent to commit a serious indictable offence
This offence occurs when a person enters the dwelling-house of another with the intent to commit a serious indictable offence and subsequently breaks out of the dwelling-house, or when a person, while inside the dwelling-house of another, commits a serious indictable offence and subsequently breaks out of the dwelling-house.
A dwelling-house is defined under the legislation as any building, structure, boat or vehicle where a person resides.
A serious indictable is defined under the legislation as any criminal offence which is punishable by a term of imprisonment of 5 years of more.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Enter dwelling with intent to destroy damage property and break out | 2 years imprisonment and/or $11,000 fine | 14 years imprisonment |
| Enter dwelling with intent to commit a serious indictable offence and break out | Not applicable | 14 years imprisonment |
| Enter dwelling with intent to steal and break out | 2 years imprisonment and/or $11,000 fine | 14 years imprisonment |
| Enter dwelling and commit serious indictable offence and break out | Not applicable | 14 years imprisonment |
| Enter dwelling and destroy damage property (less than or equal to $60,000) and break out | 2 years imprisonment and/or $11,000 fine | 14 years imprisonment |
| Enter dwelling of another and destroy damage property (more than $60,000) and break out | Not applicable | 14 years imprisonment |
| Enter dwelling of another and steal property (less than or equal to $60,000) and breaks out | 2 years imprisonment and/or $11,000 fine | 14 years imprisonment |
| Enter dwelling of another and steal property (more than $60,000) and breaks out | Not applicable | 14 years imprisonment |
| Enter dwelling in company and commit a serious indictable offence and break out | Not applicable | 20 years imprisonment |
| Enter dwelling and commit a serious indictable offence (deprive another of their liberty) and break out | Not applicable | 20 years imprisonment |
| Enter dwelling and commit a serious indictable offence whilst armed with an offensive weapon or instrument and break out | Not applicable | 20 years imprisonment |
| Enter dwelling and commit serious indictable offence (inflict Actual Bodily Harm on another) and break out | Not applicable | 20 years imprisonment |
| Enter dwelling and commit serious indictable offence knowing there are people in the dwelling and break out | Not applicable | 20 years imprisonment |
| Enter dwelling and commit serious indictable offence (use corporal violence) and break out | Not applicable | 20 years imprisonment |
| Enter dwelling in company and damage property and break out | Not applicable | 20 years imprisonment |
| Enter dwelling in company and steal and break out | Not applicable | 20 years imprisonment |
| Enter dwelling and commit serious indictable offence using dangerous weapon and break out | Not applicable | 25 years imprisonment |
| Enter dwelling and commit serious indictable offence and maliciously inflicts grievous bodily harm on another and break out | Not applicable | 25 years imprisonment |
| Enter dwelling and commit serious indictable offence and wounds another person and break out | Not applicable | 25 years imprisonment |
| Enter dwelling and intends to commit a serious indictable offence using dangerous weapon and break out | Not applicable | 25 years imprisonment |
| Enter dwelling and intends to commit a serious indictable offence and maliciously inflicts grievous bodily harm on another and break out | Not applicable | 25 years imprisonment |
| Enter dwelling and intends to commit a serious indictable offence and wounds another person and break out | Not applicable | 25 years imprisonment |
Breaking, entering and assaulting with intent to murder etc
This offence occurs when a person breaks and enters any dwelling-house, or any building appurtenant thereto, and while therein or on premises occupied therewith assaults with intent to murder any person, or inflicts grievous bodily harm upon any person.
Grievous bodily harm is defined under the legislation and includes the following:
(a) the destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019 ) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and
(b) any permanent or serious disfiguring of the person, and
(c) any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Enter dwelling and assault another person with the intend of murdering them | Not applicable | 25 years imprisonment |
| Enter dwelling and inflict grievous bodily harm on another person | Not applicable | 25 years imprisonment |
Enter dwelling-house
Under section 111 of the Crimes Act 1900, it is a criminal offence to enter a dwelling-house with the intent to commit a serious indictable offence.
A serious indictable offence is defined under the legislation as a criminal offence which carries a term of imprisonment of 5 years or more.
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Enter dwelling with intent to commit a serious indictable offence | Not applicable | 10 years imprisonment |
| Enter dwelling with intent to destroy/damage property | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment |
| Enter dwelling with intent to steal | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment |
| Enter dwelling in company with intent to steal or damage property (less than or equal to $60,000) | 2 years imprisonment and/or $11,000 fine | 14 years imprisonment |
| Enter dwelling with intent to commit indictable offence whilst armed with an offensive weapon or instrument | Not applicable | 14 years imprisonment |
| Enter dwelling with intent to deprive another person of their liberty | Not applicable | 14 years imprisonment |
| Enter dwelling with intent to inflict Actual Bodily Harm on another person | Not applicable | 14 years imprisonment |
| Enter dwelling with intent to commit a serious indictable offence knowing other people are present in the dwelling | Not applicable | 14 years imprisonment |
| Enter dwelling with intent to inflict corporal violence on another person | Not applicable | 14 years imprisonment |
| Enter dwelling in company and commit serious indictable offence | Not applicable | 14 years imprisonment |
| Enter dwelling in company with intent to steal property more than $60,000 | Not applicable | 14 years imprisonment |
Breaking etc into any house etc and committing serious indictable offence
Under section 122 of the Crimes Act 1900, it is a criminal offence is a person breaks into a dwelling-house and commit a serious indictable offence in that dwelling-house.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court | Standard Non-Parole Period |
| Enter dwelling and commit a serious indictable offence | Not applicable | 14 years imprisonment | Not applicable |
| Enter dwelling and steal/damage property (less than or equal to $60,000) | 2 years imprisonment and/or $11,000 fine | 14 years imprisonment | Not applicable |
| Enter dwelling and steal/damage property (more than $60,000) | Not applicable | 14 years imprisonment | Not applicable |
| Enter dwelling and deprive another person of their liberty | Not applicable | 20 years imprisonment | 5 years imprisonment |
| Enter dwelling and commit serious indictable offence whilst armed with an offensive weapon or instrument | Not applicable | 20 years imprisonment | 5 years imprisonment |
| Enter dwelling and commit serious indictable offence and maliciously inflict grievous bodily harm or corporal violence on another person | Not applicable | 20 years imprisonment | 5 years imprisonment |
| Enter dwelling in company and commit a serious indictable offence | Not applicable | 20 years imprisonment | 5 years imprisonment |
| Enter dwelling in company and steal/damage property (less than or equal to $60,000) | 2 years imprisonment and/or $11,000 fine | 20 years imprisonment | 5 years imprisonment |
| Enter dwelling in company and commit serious indictable offence whilst armed with a dangerous weapon | Not applicable | 25 years imprisonment | 7 years imprisonment |
| Enter dwelling in company and commit serious indictable offence and inflict grievous bodily harm on another person | Not applicable | 25 years imprisonment | 7 years imprisonment |
| Enter dwelling in company and commit serious indictable offence and wound another person | Not applicable | 25 years imprisonment | 7 years imprisonment |
Breaking etc into any house etc with intent to commit serious indictable offence
Under section 113 of the Crimes Act 1900, a person commits a criminal offence if they break into a dwelling-house with the intention of committing a serious indictable offence in that dwelling-house.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court | Standard Non-Parole Period |
| Enter dwelling with the intent to destroy/damage property | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment | Not applicable |
| Enter dwelling with the intent to commit a serious indictable offence | Not applicable | 10 years imprisonment | Not applicable |
| Enter dwelling with intend to steal | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment | Not applicable |
| Enter dwelling in company with intent to steal/damage property less than or equal to $60,000 | 2 years imprisonment and/or $11,000 fine | 14 years imprisonment | Not applicable |
| Enter dwelling with intent to commit serious indictable offence whilst armed with an offensive weapon or instrument | Not applicable | 14 years imprisonment | Not applicable |
| Enter dwelling with intent to commit serious indictable offence and deprive another person of their liberty | Not applicable | 14 years imprisonment | Not applicable |
| Enter dwelling with intent to commit serious indictable offence and deprive another person of their liberty | Not applicable | 14 years imprisonment | Not applicable |
| Enter dwelling with intent to commit serious indictable offence and inflict Actual Bodily Harm on or us violence on another person | Not applicable | 14 years imprisonment | Not applicable |
| Enter dwelling with intent to commit serious indictable offence knowing that people are inside the dwelling | Not applicable | 14 years imprisonment | Not applicable |
| Enter dwelling in company and commit serious indictable offence | Not applicable | 14 years imprisonment | Not applicable |
| Enter dwelling with intent to commit serious indictable offence whilst armed with a dangerous weapon | Not applicable | 20 years imprisonment | Not applicable |
| Enter dwelling with intent to commit serious indictable offence and inflict grievous bodily harm or wound another person | Not applicable | 20 years imprisonment | Not applicable |
Being armed with intent to commit indictable offence
Under section 114 of the Crimes Act 1900, a person commits a criminal offence under this section if they are:
- Armed with a weapon or instrument with the intent to commit an indictable offence, or
- Has in his or her possession housebreaking, safe breaking or car breaking implements without lawful excuse, or
- Has in his or her possession face blackening means or a face disguise with the intent to commit an indictable offence, or
- Enters or remains on property with the intent to commit a serious indictable offence.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court | Standard Non-Parole Period |
| Armed with intent to commit indictable offence | 2 years imprisonment and/or $11,000 fine | 7 years imprisonment | Not applicable |
| Possess housebreaking, car-breaking or safe-breaking implements (greater than $5,000) | Not applicable | 7 years imprisonment | Not applicable |
| Possess housebreaking, car-breaking or safe-breaking implements(less than or equal to $5,000 and more than $2,000) | 2 years imprisonment and/or $5,500 fine | 7 years imprisonment | Not applicable |
| Possess housebreaking, car-breaking or safe-breaking implements (less than or equal to $2,000) | 2 years imprisonment and/or $2,200 fine | 7 years imprisonment | Not applicable |
| Using a face disguise or possessing face disguising means with the intent to commit indictable offence | 2 years imprisonment and/or $11,000 fine | 7 years imprisonment | Not applicable |
| Enter or stay on a building/land with the intent to commit indictable offence | 2 years imprisonment and/or $11,000 fine | 7 years imprisonment | Not applicable |
Being convicted offender armed with intent to commit indictable offence
Under section 115 of the Crimes Act 1900, a person is guilty of a criminal offence if they are armed with intent to commit an indictable offence whilst having a previous conviction for the same or similar type of conduct, namely, offences under section 114 of the Crimes Act 1900 (NSW).
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court | Standard Non-Parole Period |
| Being convicted offender armed with intent to commit indictable offence | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment | Not applicable |
Larceny
Under section 117 of the Crimes Act 1900, a person commits this offence when they intentionally take the property of another without that person’s consent, without mistake, and with knowledge that the property belongs to someone else.
Maximum Penalty:
| Offence | Infringement Notice System | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Larceny (less than or equal to $2,000) | $300 | 2 years imprisonment and/or $2,200 fine | 5 years imprisonment |
| Larceny (greater than $2,000 and less than or equal to $5,000) | Not applicable | 2 years imprisonment and/or $5,500 fine | 5 years imprisonment |
| Larceny (greater than $5,000 and less than or equal to $15,000) | Not applicable | 2 years imprisonment and/or $11,000 fine | 5 years imprisonment |
| Larceny (greater than $15,000) | Not applicable | 2 years imprisonment and/or $11,000 fine | 5 years imprisonment |
| Shoplifting (less than or equal to $2,000) | $300 | 2 years imprisonment and/or $2,200 fine | 5 years imprisonment |
| Shoplifting (greater than $2,000 and less than or equal to $5,000) | Not applicable | 2 years imprisonment and/or $5,500 fine | 5 years imprisonment |
| Shoplifting (greater than $5,000 and less than or equal to $15,000) | Not applicable | 2 years imprisonment and/or $11,000 fine | 5 years imprisonment |
| Shoplifting (greater than $15,000) | Not applicable | 2 years imprisonment and/or $11,000 fine | 5 years imprisonment |