Break and Enter -ss.113(1), 113(2) & 113(3)
| This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon. |
Break and Enter with intent to Steal - Multiple
s.113(1) break and enter with intent to commit serious indictable offences - 10y
NAME | OFFENCE | PLEA | SENTENCE AT FIRST INSTANCE | RESULT ON APPEAL | SUMMARY OF RECORD | INVOLVEMENT & SUMMARY |
Callaghan
(2006) 160 A Crim R 145 | 2 x BE W/I to steal | PG | 2y
NPP 12m | AD | Breached parole | On two separate occasions broke into video store – no property stolen |
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Break and Enter with intent to Steal - Single
s.113(1) break and enter with intent to commit serious indictable offences - 10y
NAME | OFFENCE | PLEA | SENTENCE AT FIRST INSTANCE | RESULT ON APPEAL | SUMMARY OF RECORD | FACTS |
Turner
NSW CCA [260]
30.6.2004 | s.113(1) | PG | 3y 4m
NPP 2y 6m | AA
3y
NPP 2y 3m | Breached parole | After argument with father broke into home through window – fled when occupant returned |
Sharpe
(26)
NSW CCA [217]
22.5.2007 | s.113(1)
Sched:
3 offences | PG | 3y 6m
NPP 2y | AD | Significant record for BES offences – breached parole for agg BES – offence committed 3 days after release | Broke into garages in home unit complex – offence at lower end of scale of seriousness
Drug and alcohol addiction – difficult childhood |
Ha
[2009] NSWCCA 31 | s. 113(1) | PG | 1y 8m
NPP 1y 3m | AD | Number of BE offences. On parole. | Broke into garage of unit with cooffender using crowbar.
Parity argument rejected. |
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Aggravated Break and Enter with intent to Commit Serious Indictable Offence (not Steal)
s.113(2) aggravated break and enter with intent to commit serious indictable offences - 14y
s.105A(1) circumstances of aggravation: armed with offensive weapon or instrument; in company; uses corporal violence; maliciously inflicts actual bodily harm; deprives person of liberty; knows there is person(s) in dwelling
| NAME | OFFENCE | PLEA | SENTENCE AT FIRST INSTANCE | RESULT ON APPEAL | SUMMARY OF RECORD | INVOLVEMENT & SUMMARY |
Elmir
(33)
Salami
(30)
NSW CCA [192]
2.7.2003 | Agg BE with intent to commit AOABH (infliction of corporal violence)
s.59 AOABH
Agg BE with intent to commit AOABH (infliction of corporal violence)
.59 AOABH | PG
PG | Total:
3y PD
NPP 18m
Total:
2y 6m PD
NPP 12m | Crown AA
2y
NPP 12m
1y 9m
NPP 9m | Lengthy but old
Minor – no violence | Forced way into house and chased occupants – Assaulted male victim over sustained period of time with punches and pool cue – Minor injuries inflicted
Revenge for serious assault on younger brother of Elmir – Elmir principle offender - Remorse |
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Aggravated Break and Enter with intent to Steal - Single
s.113(2) aggravated break and enter with intent to commit serious indictable offences - 14y
s.105A(1) circumstances of aggravation: armed with offensive weapon or instrument; in company; uses corporal violence; maliciously inflicts actual bodily harm; deprives person of liberty; knows there is person(s) in dwelling
NAME | OFFENCE | Circumstance of Aggravation | PLEA | SENTENCE AT FIRST INSTANCE | RESULT ON APPEAL | RECORD | FACTS |
Ditford
(32)
NSW CCA [442]
22.12.1999 | s.113(2) | In company | PG | MT 2y
AT 18m | AA
To vary commencement date | lengthy record - released to parole nine days prior to offence | Broke into shop with two co-offenders armed with cricket bat and piece of timber. Stole money and cigarettes.
Aboriginal with deprived upbringing; drug addiction |
Lord
(18)
NSW CCA [533]
4.12.2001 | s.113(2)
Sched:
AOABH | Not specified | PG | 12m GBB (no conviction recorded) | Crown AA
18m suspended sentence | Nil | Broke into home of 71y female - pushed past victim in attempt to escape - victim fell on tiles injuring herself - Lesser offender
Excellent prospects of rehabilitation – remorse |
Rutter
NSW CCA [306]
26.10.2003 | s.113(2) | Not specified | PG | 6y
NPP 3y | AD | Nil | Waited in car while co-offender entered house brandishing pistol and impersonating police officer – In telephone contact with co-offender
Also dealt with for drug offences – Psychological disorder |
Lenthall aka York (26)
NSWCCA [248]
5.8.2004 | s.113(2)
Sched:
3 offences | In company | PG | 5y 3m
NPP 2y 6m
Compensation order | AA
3y 9m
NPP 1y 10m | “appalling” | Ram-raid in stolen car with 2 co-offenders of service station - $10,000 damage to service station
Remorse – good prospects of rehabilitation – parity w co-offenders |
Pettersen
(25)
NSW CCA [91]
6.4.2009 | s.113(2)
Dangerous driving
Sched:
Take and drive conveyance | In company | PG | 3y 9m
NPP 2y
(6m concurrent) | Crown AD | Breached parole – significant record | Driver of car – four co-offenders broke into club and threatened cleaners with gun – attempt made to break into ATM – police car chase followed by attempt to escape by foot – unaware of handgun – unaware people in club
Remorse – Sentences concurrent to revoked parole
Co-offenders Bendt and Fell sentenced for s.113(3) |
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Specially Aggravated Break and Enter with intent to Steal - Single
s.113(3) specially aggravated break and enter with intent to commit serious indictable offences - 20y
s.105A(2) circumstances of special aggravation: wounds or maliciously inflicts GBH; armed with dangerous weapon
NAME | OFFENCE | Circumstance of Aggravation | PLEA | SENTENCE AT FIRST INSTANCE | RESULT ON APPEAL | RECORD | FACTS |
Guthrie
(27)
NSW CCA [77]
21.3.2002 | s.113(3)
Sched:
Possess unauth firearm | Armed with dangerous weapon | PG | 4y 6m
NPP 3y | Crown AA
6y 6m
NPP 4y 6m | Lengthy record including firearms | Attempted to use altered truck to remove ATM with co-offender- Arrested after struggle where offender produced gun - Instigator - Carefully planned offence - Major criminal activity |
Newman
(23)
Simpson
(female)
(22)
NSW CCA [102]
19.4.2004 | s.113(3)
s.113(3) | Wounding | PG
PG | 8y
NPP 5y
5y 6m
NPP 3y | AD
AD | Significant record
Minor record for violence – breached bond | Female attended home of male acquaintance at night – Obtained entry by pretending to seek spiritual counselling – Complainant assaulted by two male co-offenders and threatened with knife
KS – 2 young children |
Bendt
(20)
Fell
(30)
NSW CCA [91]
6.4.2009 | s.113(3)
Sched:
Take and drive conveyance
s.113(3)
Sched:
Take and drive conveyance | In company
Armed with dangerous weapon | PG
PG | 5y 3m
NPP 3y
(recommendation for referral to Drug Court)
5y 3m
NPP 3y | Crown AA
5y 9m
NPP 3y 3m
Crown AA
5y 9m
NPP 3y 3m | Breached parole – lengthy record
Breached parole – lengthy record | Four offenders broke into club and threatened cleaners with gun – B smashed glass door to enter - attempt made to break into ATM with concrete saw – F took possession of gun – police car chase followed by attempt to escape by foot
Remorse
Driver of car Petersen sentenced for s.113(2) |
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