Full Court Minute Books

Case S101/2022

BA v. The King

Case No.


Case Information

Lower Court Judgment

20/08/2021 Supreme Court of New South Wales (Court of Criminal Appeal) (Brereton JA, Fullerton and Adamson JJ)

[2021] NSWCCA 191


Criminal law – Breaking and entering – Legal right to enter – Meaning of "breaks" – Where s 112 of Crimes Act 1900 (NSW) provides person who breaks and enters any dwelling-house or other building and commits any serious indictable offence guilty of offence – Where appellant and complainant resided together in apartment occupied pursuant to residential tenancy where both named as lessees – Where relationship broke down and appellant moved out taking most of possessions – Where, when appellant remained co?tenant, appellant entered apartment by breaking down locked door and assaulted complainant – Where appellant charged with offence against s 112 of Crimes Act – Whether person with legal right to enter building capable of being guilty of breaking and entering building for purposes of s 112 of Crimes Act – Whether co?tenant can revoke second co-tenant's permission to enter leased dwelling-house with result that, despite enjoying right of entry under lease, second co?tenant may be guilty of breaking and entering – Whether permission of occupant without legal entitlement to occupy be determinative of whether person with legal right of immediate possession breaks into building for purposes of s 112 of Crimes Act.


17/06/2022 Hearing (SLA, Canberra by video connection)

01/07/2022 Notice of appeal

05/08/2022 Written submissions (Appellant)

05/08/2022 Chronology (Appellant)

06/09/2022 Amended Written submissions (Respondent)

06/09/2022 Notice of Contention (Respondent)

23/09/2022 Reply

07/02/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

07/02/2023 Outline of oral argument (Appellant)

07/02/2023 Outline of oral argument (Respondent)

10/05/2023 Judgment (Judgment summary)