A person who enters a dwelling house with permission (not obtained by trick, artifice or threat) does not commit a 'break' for the purposes of s 112 of the Crimes Act 1900 (NSW), even if the person had an unlawful purpose at the time of entry. Such conduct may constitute the offence under s 111 (entering dwelling-house with intent) but not the more serious offence under s 112. The requirements of felonious intent and entry by means of artifice, trick or threat are cumulative for constructive breaking.
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