BURGLARY?
The New South Wales (NSW) Crimes Act encompasses a wide range of activities related to burglary. It defines and addresses various offenses and elements associated with burglary, including unauthorized entry into a building or premises with the intention to commit a crime. The Act specifies the different circumstances and penalties associated with burglary, such as aggravated burglary, break and enter offenses, and related offenses like theft or assault that may occur in conjunction with a burglary.

ENTERING?
Under Section 109 of the Crimes Act in New South Wales, “entering” refers to the act of physically or unlawfully gaining access to a building or premises. It involves crossing the threshold or breaching the boundaries of a property with the intention to commit an offense, such as theft, assault, or property damage. Entering can occur through various means, including through doors, windows, or any other opening that provides access to the interior of the premises. The concept of entering is crucial in determining the elements of burglary offenses and establishing the unlawful intrusion required for criminal liability.

AGGRAVATED ENTERING?
Under Section 109 of the Crimes Act in New South Wales, “aggravated entering” refers to the act of unlawfully entering a building or premises with certain aggravating factors present. Aggravating factors are circumstances that intensify the seriousness or gravity of the offense. In the context of aggravated entering, these factors may include:

Being armed with a dangerous weapon: This means having a weapon capable of causing physical harm or instilling fear, such as a firearm, knife, or any other object used or intended to be used to threaten or harm others.

Being in the company of others: This involves entering a premises with one or more accomplices, indicating a higher level of organization or potential danger.

Inflicting actual bodily harm on any person: This refers to causing physical injury or harm to an individual during the course of the unlawful entry.

Detaining any person against their will: This involves forcibly restraining or confining someone within the premises against their consent or without lawful authority.

The presence of these aggravating factors elevates the seriousness of the offense and may result in more severe penalties upon conviction.

BREAKING IN?
Under the NSW Crimes Act, the term “breaking in” refers to the act of forcibly gaining entry into a building or premises without lawful authority or consent. It typically involves overcoming physical barriers, such as breaking a lock, window, door, or any other means of securing the premises. Breaking in is often a crucial element in the offense of burglary, as it demonstrates the unauthorized and unlawful nature of the entry. The act of breaking in can be accompanied by the intent to commit a crime inside the premises, such as theft, assault, or property damage.

INTENT?
Under the Crimes Act, the term “intent” refers to the mental state or state of mind of an individual at the time they commit a particular act or offense. It refers to a person’s purpose, aim, or conscious desire to engage in a specific behavior or achieve a specific outcome.

Intent plays a crucial role in criminal law as it helps determine the culpability and level of criminal liability of an individual. It is often necessary to establish intent in order to prove that a crime has been committed.

There are different types of intent recognized in the legal system, including:

General Intent: This refers to the intent to engage in the prohibited act itself, without any further specific purpose or knowledge of the consequences. It is the basic intention to commit the act.

Specific Intent: This involves a higher level of intent, where the individual not only intends to commit the act but also has a specific purpose or desired outcome in mind.

Recklessness or Negligence: In some cases, the law may also consider a lower level of intent, such as recklessness or negligence, where the person acts without intent but with a disregard for the foreseeable consequences of their actions.
The individual possesses tools for burglary, either tools specifically designed for breaking into houses or tools for breaking into vehicles. Additionally, they have obscured their safe or carrying a balaclava for concealment purposes.

Intent is often established through evidence such as statements, actions, or circumstances surrounding the offense.
It is an essential element in determining criminal liability and the severity of the charges and penalties imposed.