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NSW Aggravated Break and Enter - Can I Change Police Statement?

Discussion in 'Criminal Law Forum' started by sonic99, 3 March 2015.

  1. sonic99

    sonic99 Member

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    Am I able to change my police statement - they did not put in that my partner was seeking and needed drug rehab and I clearly said this to them. Also, I need to change their wording of aggressive to agitated.

    Also can someone please explain "aggravated break and enter" ( nothing stolen or anyone hurt, damage to security screen only) and "enter enclosed lands " in layman terms please? Thanks.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Sonic99,

    1. Police statements are usually audio recorded. If you want to add or clarify anything said in the first statement, you can request to make an amended police statement. Do this by contacting the police directly. Record your request.

    2. "Breaking and entering" means a person entered another's property without their consent: see Crimes Act (NSW) s 112. "Aggravated" means that the breaking and entering was accompanied by aggravating circumstances, namely, whilst in possession of an unregistered firearm (gun): see Crimes Act s 93I. "Enter enclosed land" means the person entered someone's property and the property was surrounded by a fence or walls or something else that encloses it.
     
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  3. sonic99

    sonic99 Member

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    Thank you Sarah. I verbally gave the statement , he by no means had a gun or any weapon. As I said he was agitated, so I don't really understand why they are going with the aggravated break and enter. His solicitor said they will try for the change of enter enclosed lands which I assume has a lower penalty .
    Thanks for your time.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Sonic99,

    Has the police actually charged your partner with anything? If not, it could be that the police are trying to scare you by phrasing the situation as more serious than they actually have evidence for.

    I'm sure your partner's solicitor is handling the matter.
     
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  5. sonic99

    sonic99 Member

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    Hi Sarah,
    Yes they have charged him with aggravated break and enter. He is confident with his solicitor, I am just trying to understand it simply, as I only get a fast few minutes with his solicitor , and my partner is on remand (has been for 4 months) and apparently its going to a committal hearing.
    Having just written that I'm thinking there may be something in his past I am unaware of . I'm going to see the OIC tomorrow hopefully he will be able to shed some light on all of this.
    Thank You




     
  6. Sarah J

    Sarah J Well-Known Member

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    Hi Sonic99,

    Hope it went well with the OIC. May I ask which section of which legislation he was charged under? It is difficult to know the interpretation of aggravation as it changes under difference offences.
     
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  7. sonic99

    sonic99 Member

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    Hi Sarah,
    The "aggravated " part is because he knew I was in the house. He also suggested that it was a lightweight charge, but will be up to the judge at the end of the day.OIC recommended that I save anything else I need to say for court., which will be round June sometime. Do most sentencing cases take soo long to go through the system ?
    Thanks for your time
     
  8. Sarah J

    Sarah J Well-Known Member

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    Hi Sonic99,

    Did he enter your house without your permission? If he "broke and entered" and there was someone in the house, then yes, it will raise the offence to "aggravated" (more serious).

    It is hard to say how long cases usually take. It may take up to June because:
    • Police need to do an investigation. This might take a long time (gathering evidence, speaking with witnesses, speaking with the Defendant, building a case, briefing the Prosecution's counsel, figuring out if anything was taken);
    • How busy the police are;
    • When the police bring this before a magistrate and then where the police decide to ultimately hear the case; and
    • How long the trial takes.
    The trial itself does not usually take that many months.
     
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