Break and Enter and Related Offences FAQs
· What is an aggravated break and enter offence?
· Can You Be Guilty of Break enter and Steal if you are caught in the premises?
· What is Break and Enter?
What is Break and Enter?
Break and Enter is simply the breaking of the ‘seal’ to premises and entering those premises with part of the body or an instrument. ‘Breaking’ can be as simple as opening an unlocked door or window and does not have to include the breaking of a lock.
Can You Be Guilty of Break enter and Steal if you are caught in the premises?
Yes. Simply because you were caught in the premises and did not escape with the goods will not prevent a conviction for this offence. The asportation or movement of the goods within the premises can be sufficient to establish the ‘stealing’ of the goods.
What is an aggravated break and enter offence?
Break and Enter is aggravated in circumstances where the offence occurs in company (two or more people involved); where the offender is armed with a weapon or offensive implement; where the offence occurs at night; and where the offence occurs when a person is at home.
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