For a conviction under s 112(2) of the Crimes Act 1900 (NSW) for breaking and entering a dwelling-house and committing a serious indictable offence 'therein', the serious indictable offence must have been committed inside the dwelling-house (as defined in s 4); an assault that occurs outside the dwelling-house, such as in the front yard during an escape, does not satisfy this element. An aggregate sentence under s 53A(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW) must be set aside if one of the convictions forming the basis for the aggregate is quashed, leaving only a single offence.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.