Where an aggravated break and enter offence under s 112(2) of the Crimes Act 1900 includes a detention element under s 86(1), conduct such as taking a person's mobile phone and directing them to get up is capable of constituting detention without physical restraint. A separate assault charge based on distinct physical conduct (taking the complainant by the wrists and walking her out) involves additional criminality not subsumed in the break and enter offence. The structure of the Agreed Statement of Facts in delineating separate sequences of conduct is significant in determining whether double punishment arises.
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