DPP v FC

Key Words: Aggravated break and enter with intent to commit serious indictable offence, section 113 Crimes Act 1900 (NSW) s 113 – drunken neighbour – provoked by verbal abuse – good behaviour bond, section 9 Crimes (Sentencing Procedure) Act 1999

Facts:

FC lived in the same housing complex as the complainant. At approximately 3am one night the complainant came home extremely drunk and began loudly verbally abusing another neighbour. FC confronted the complainant outside of the complainant’s apartment, and during this exchange FC was struck on the leg. The complainant then retreated back into his apartment, and attempted to close the door. Provoked by the complainant, FC forced his way into the apartment with the professed intention to intimidate the complainant.

Result:

After a favourable plea bargain, FC agreed to plead guilty to the charge of break and enter with intent to commit a serious indictable offence. Following this plea, FC was sentenced to a 12-month good behaviour bond.