November 4, 2019

GG – Successful outcome for client charged with Public Order offence, Break and Enter

Facts: Aggravated break and enter

GG broke into a home in the early hours of the morning while the occupant was sleeping. It is alleged GG had broken and entered into the occupant’s home multiple times prior to the incident. The occupant was awakened and saw GG run from the bathroom, towards the lounge room, holding some type of bat above his head. As GG entered the lounge room, the occupant heard a loud smashing sound of glass breaking. The occupant screamed out his name, however, GG did not respond. A short time later, the occupant went back to sleep.

The following day, the occupant woke up and walked to the lounge area to find the glass door of her display cabinet smashed and glass on the floor. GG was located by police regarding other unrelated matters before he was placed under arrest and cautioned. GG was charged with:

  • enter building with intent to commit indictable offence,
  • aggravated break and enter with intent to commit serious indictable offence,
  • and enter prescribed premises without lawful excuse.

GG was refused bail.

Outcome:

O’Brien Criminal and Civil Solicitors successfully acted for GG at Burwood Local Court.

The charge for aggravated break and enter with intent to commit serious indictable offence was already withdrawn by police and the remaining two charges for enter building with intent to commit indictable offence, and enter prescribed premises without lawful exercise, were listed for defended hearing.

The Police applied for an adjournment of the hearing after the occupant did not attend court. However, we opposed an adjournment and Her Honour agreed. The Police then withdrew charges, and subsequently, the charges were dismissed by the Court. GG, who was in custody, was to be released and not be subject to any further bail conditions.

Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office, 24 hour phone / text: 0421 373 961