Our expert criminal lawyers for entering a dwelling with intent to commit serious indictable offence.offences can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Entering a dwelling with intent
Being charged with entering a dwelling house with the intent to commit a serious indictable offence is a very serious criminal allegation in New South Wales. Unlike traditional break-and-enter offences, the prosecution does not need to prove that you broke into the property; it only needs to prove that you entered and intended to commit a serious offence inside.
What is a dwelling house?
A dwelling house includes:
- Houses,
- Units and apartments,
- Any place used for residential living.
What is enter dwelling house with intent?
Under NSW law, a person may be charged if they:
- Enter a dwelling house, and
- Intend to commit a serious indictable offence inside.
A serious indictable offence generally refers to offences punishable by 5 years imprisonment or more, such as theft, assault, or property damage.
Penalty for enter dwelling house with intent
Entering a dwelling house with the intent to commit a serious indictable offence has a maximum penalty of 10 years imprisonment.
What the police must prove
To secure a conviction, the prosecution must prove beyond a reasonable doubt that:
- You entered a building or dwelling-house
- The entry was intentional and unlawful
- At the time of entry, you intended to commit a serious indictable offence
Intent is commonly the most heavily contested element in these cases.
Pleading not guilty
You may have grounds to plead not guilty, particularly where:
- There is no evidence of intent at the time of entry.
- You had lawful reason to be at the property.
- You have been wrongfully identified.
- There is weak evidence.
You can read more information about pleading not guilty here.
Pleading guilty
If you plead guilty, the focus becomes achieving the most lenient outcome possible. We can help by:
- Preparing character references.
- Demonstrating remorse.
- Addressing any drug, alcohol, or mental health issues.
You can read more about pleading guilty here.
Common defences
Common defences include:
- Challenge the intent,
- Dispute the identification evidence,
- Argue that the evidence is insufficient to prove guilt beyond a reasonable doubt.
A strong defence can significantly reduce the likelihood of conviction or the severity of the penalty.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat your entering a dwelling house with intent charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.