Section 109Crimes Act 1900 (NSW)

Breaking out of dwelling-house after committing, or entering with intent to commit, indictable offence

(1) Whosoever—
enters the dwelling-house of another, with intent to commit a serious indictable offence therein, or,
being in such dwelling-house commits any serious indictable offence therein,
and in either case breaks out of the said dwelling-house shall be liable to imprisonment for fourteen years.
(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 20 years.
(3) A person is guilty of an offence under this subsection if the person commits an offence under subsection (2) in circumstances of special aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 25 years.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

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