What's happening?
Break and enter offences involve unlawfully entering a building or premises, often with intent to commit an offence such as stealing property once inside. Charges can escalate significantly where aggravating factors are alleged, such as entering an occupied home, causing damage, or using a weapon.
Evidence in these matters typically includes forensic material such as fingerprints or DNA, CCTV footage, and property recovered from a person's possession. Establishing who actually entered the premises, and with what intent, is often central to how these matters are contested.
What could it mean for me?
- Aggravating factors, such as entering an occupied residence, significantly increase the seriousness of the charge.
- A conviction can carry significant consequences given the courts' approach to home invasion type offences.
- Forensic evidence, such as fingerprints or DNA, is often relied on by the prosecution.
- Recovered property linked to a break-in can be significant evidence against an accused person.
- These matters can proceed in either the Local or District Court depending on their seriousness.
What are my options?
- Contesting identification or forensic evidence where it does not clearly establish involvement.
- Challenging the alleged intent where entry itself is not disputed but the purpose is unclear.
- Negotiating the charge where aggravating factors are disputed.
- Pleading guilty and presenting mitigation addressing personal circumstances and the specific facts.
- Exploring case conferencing where matters are proceeding in the District Court.
What happens next?
- Seek advice promptly, particularly if forensic or CCTV evidence is involved.
- Avoid discussing the allegations with police or co-accused without advice.
- Preserve any evidence relevant to your whereabouts at the relevant time.
- Attend your first court date and review the brief of evidence carefully once served.
- Discuss with your lawyer how any recovered property or forensic evidence connects to the allegation.
How can MGE Lawyers help?
We review the forensic and circumstantial evidence relied on in break and enter matters carefully, since these cases often turn on whether the evidence properly establishes both entry and intent, rather than simply proximity to recovered property.
Where aggravating factors are alleged, we look closely at whether they are properly supported by the evidence, and we prepare thorough submissions for sentencing where a guilty plea is the appropriate course.