Breaking and entering a dwelling describes a burglary. A person commits an offence when they break and/or enter and then commit an offence, usually to steal. The complete form of the offence would be to break and enter with an intent to steal. There are a range of offences available including where entry was not by force but there was a breaking out. In the context of burglary, breaking need not involve smashing anything, it can be as little as opening a screen or an unlocked window. It is crucial that you obtain advice from a specialist criminal defence lawyer. Lenz Legal will provide you wth expert advice adn representation.
The prosecution does not need to prove a crime was committed as long as there was an intention to commit a particular crime. If a person is found in dark clothing, in possession of implements commonly used to break into dwellings, that may be sufficient to prove an intention to commit the crime.
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