Facing charges of trespass or entering inclosed lands, break and enter, and aggravated break and enter can be a daunting experience. The offences of Break and Enter are serious and it is not uncommon for a person to be sentence to full time custody even if they have no criminal record.
Trespass
Unlawful entry on Inclosed Lands commonly known as Trespass under Section 4 of the Inclosed lands Protection Act 1901 occurs when an individual enters another person’s property without permission. This intrusion can occur on residential, commercial, or public property.
A person can commit this offence regardless, of whether they have walked, driven or otherwise made their way onto the property that is enclosed or something that indicates the boundary of the property such as a fence.
Aggravated Unlawful entry on Inclosed lands is when there is an unlawful entry in circumstances of aggravation. Some of the more common aggravating feature includes when there is interference with or attempts to interfere with the running of a business, does anything that poses a serious risk of safety and/or the setting of traps.
Maximum Penalty
The penalty for trespass can include a fine of up to $1,100 depending on if the premises was a prescribed premises or not such as, Child Care Service, Hospital or school.
Possible Defences
- Consent: The accused had permission from the property owner to enter.
- Mistake of Fact: The accused believed on reasonable grounds that they had the right to be on the property.
- Necessity: The accused was trespassing out of necessity, for example, to escape immediate danger.
Break and Enter
Break and enter and commit a serious indictable offence is a criminal offence under Section 112 of the Crimes Act 1900 (NSW) involving unlawfully gaining access to a building or dwelling with the intent to commit a crime inside typically larceny/stealing and/or assault.
The notion of ‘breaking’ is not necessarily damage being occasioned to the property but rather the ‘seal’ of the property. This can include breaking a lock, window, or door to enter the premises it can occur on the entry and/or exiting of the property.
Maximum Penalty
The maximum penalty for break and enter under section 112 of the Crimes Act 1900 (NSW) is up to 14 years imprisonment.
Possible Defences
- Lack of Intent: Demonstrating that the accused did not have the intent to commit an indictable offence upon entry.
- Mistaken Identity: Proving that the accused was not the person who committed the break and enter.
- Alibi: Evidence that the accused was somewhere else when the crime occurred.
Aggravated Break and Enter
Aggravated break and enter is a more serious offence under Section 112(3) of the Crimes Act 1900 (NSW) that includes the offence of Break and Enter but in circumstances of aggravation such as:
- Inflicting, or being armed with intent to inflict, grievous bodily harm on any person within the property.
- Being armed with a dangerous weapon.
- Committing the offence with others involved.
- Breaking and entering into premises where a person under 16 or with a disability is present.
Maximum Penalty
The maximum penalty for aggravated break and enter is up to 25 years imprisonment, recognizing the severe nature of this crime and its impact on victims.
Possible Defences
- No Aggravating Factors: Demonstrating that the aggravating factors were not present during the break and enter.
- Lack of Intent: Proving that the accused did not intend to commit a crime upon entry.
- Mistaken Identity: Providing evidence that the accused was not involved in the aggravated offence.
If you have been charged with trespass, break and enter, or aggravated break and enter, it is crucial to seek legal advice. Understanding your rights, the charges against you, and the potential defences is essential for navigating the legal system. Contact us who can provide you with tailored advice and representation.