02 9159 9010
Charged with Robbery or Break and Enter?
Robbery and break and enter offences are among the most serious property crimes under NSW law, carrying penalties of up to 25 years’ imprisonment for the most aggravated forms. Courts treat these offences with significant severity, and a sentence of full-time imprisonment is the expected outcome in most cases.
At Blackridge Law, we provide experienced defence for all robbery and break and enter charges. Early legal representation is critical in these matters, particularly when bail is at risk.
Contact Blackridge Law on 02 9159 9010 for a free, confidential consultation.
Robbery Offences
| Offence | Section | Max Penalty |
|---|---|---|
| Robbery / Assault with Intent to Rob | s 94, Crimes Act | 14 years |
| Aggravated Robbery (violence, ABH, deprivation of liberty) | s 95, Crimes Act | 20 years |
| Robbery with Wounding | s 96, Crimes Act | 25 years |
| Armed Robbery / Robbery in Company | s 97(1), Crimes Act | 20 years |
| Armed Robbery with Dangerous Weapon | s 97(2), Crimes Act | 25 years (SNPP 7 years) |
| Armed Robbery with Wounding | s 98, Crimes Act | 25 years (SNPP 7 years) |
| Demand Property with Intent to Steal | s 99, Crimes Act | 10 years |
Robbery is essentially larceny (stealing) with the added element of violence or intimidation. Unlike simple theft, the prosecution must prove that force was used or threatened, or that the victim was placed in fear of immediate violence. Armed robbery carries a guideline judgment (R v Henry) establishing that it should receive a custodial sentence in virtually all circumstances.
Break and Enter Offences
| Offence | Section | Max Penalty |
|---|---|---|
| Break, Enter and Commit Serious Indictable Offence | s 112(1), Crimes Act | 14 years |
| Aggravated Break & Enter (circumstances of aggravation) | s 112(2), Crimes Act | 20 years |
| Specially Aggravated Break & Enter (armed with weapon / violence) | s 112(3), Crimes Act | 25 years |
| Enter Dwelling with Intent to Commit Serious Indictable Offence | s 111, Crimes Act | 10 years |
| Being Armed with Intent to Commit Indictable Offence | s 114, Crimes Act | 7 years |
| Receiving Stolen Property | s 188, Crimes Act | 10 years |
| Larceny / Theft | s 117, Crimes Act | 5 years |
Break and enter does not require physical damage — entry through an already open but closed door or window, if opened without consent, is sufficient. Circumstances of aggravation include the offender being in company, the use of corporal violence, the infliction of actual bodily harm, the deprivation of liberty, or the offender knowing someone was in the premises at the time.
Common Defences
- Identification: You were not the person who committed the offence
- No Intent to Steal/Commit Offence: You entered the premises without the intention of committing a serious indictable offence
- Claim of Right: You had an honest belief that you were entitled to the property
- Duress: You were forced or threatened into committing the offence
- Alibi: You were not present at the scene at the relevant time
- Consent: You had the owner’s consent to enter the premises
- Challenging CCTV and Identification Evidence: Police identification procedures were flawed or contaminated
How Blackridge Law Can Help
Robbery and break and enter matters are complex and heavily prosecuted. Our lawyers review all available evidence — including CCTV, forensic evidence, witness statements, and phone records — to identify weaknesses in the prosecution case. We prepare urgent bail applications, negotiate with the DPP, and provide strong advocacy at trial and sentencing.
Speak with a lawyer
Charged with robbery or break and enter? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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