Trespass - Break and Enter

In New South Wales there is a range of offences that cover situations where someone is on property without permission. 

There is no specific offence called “Trespass”. This is the civil tort that arises from being on another person’s property without permission. 

Most “trespassing” type incidents are in fact charged under the Inclosed Lands Protection Act 1901 in New South Wales, while more serious offences involving breaking and entering offences are contained in the Crimes Act 1900.

When is entry to someones property illegal?

If someone comes onto your New South Wales property for a lawful purpose, such as delivering mail or visiting, they are not breaking the law. There is generally an implied right that allows access in these circumstances. This is not always the case though and this can be revoked at any time through verbal instruction or for example by signage. 

Section 4 of the Inclosed Lands Protection Act 1901 makes it an offence to enter inclosed lands without permission or to remain on those lands after being requested to leave. This offence is punishable by a fine of five penalty units (or 10 penalty units if the land is prescribed premises, such as a school or hospital). You can read more about this offence here.

Break and enter offences

Division 4 of Part 4 of the Crimes Act 1900 sets out a number of break and enter offences.

Different to trespassing/entering into inclosed lands, these offences typically require a “break” into a “dwelling house” – not just simply being on another person’s property. 

These offences include:

Break and enter with intent to murder

It is a crime punishable by 25 years imprisonment to enter a dwelling house and assault a person with intent to commit murder or inflict grievous bodily harm. This is contained in section 110 of the Crimes Act 1900,

Enter dwelling house with intent

Under section 111 it is an offence to enter a dwelling house with the intention to commit an indictable offence. This is punishable by up to ten years imprisonment.

Breaking into any house and committing serious indictable offence

Under section 112 it is an offence to break and enter a dwelling house and commit a serious indictable offence. The maximum penalty is 14 years imprisonment. 

Breaking into any house with intent to commit serious indictable offence 

Under section 113 it is an offence to enter a dwelling house with intent to commit a serious indictable offence. The maximum penalty is 10 years imprisonment.