For offences under s 112 of the Crimes Act 1900 (NSW), the prosecution is not required to prove that the accused had no legal right of entry to the premises. The relevant question is whether the entry was within the scope of the consent, express or implied, of the actual occupant. A person who retains a legal right to enter premises (such as a co-tenant under a residential tenancy agreement) may nonetheless commit a 'break' if entry is made without the consent of the actual occupant. The three judges differed on whether s 51(1)(d) of the Residential Tenancies Act 2010 (NSW) qualifies a tenant's right of entry for criminal law purposes.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.