Police v LM: Break and enter charges

Key Words: Break and enter with intent to commit a serious indictable offence, section 112 Crimes Act 1900 (NSW) – plea of not guilty – acquittal


LM was charged with breaking into a hardware store and stealing tools. The prosecution case consisted of circumstantial evidence including CCTV footage and the fact that some of the tools were found by police at an address several weeks later.


After considering all the evidence and considering the contents of the CCTV, the Magistrate was not satisfied beyond reasonable doubt that LM was one of the people shown in the CCTV footage nor that LM was connected with the address where the tools were found. The Magistrate concluded that LM was not guilty and dismissed the charge. LM was released from custody at the conclusion of the matter.


“To walk out of the dock and know that I will not be going back to jail for a crime I did not commit was the best feeling I had experienced for some time. I was so relieved. Thank you so much Peter.”



O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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