201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Contact Armstrong Legal:
Sydney: (02) 9261 4555
In NSW it is an offence to enter property without permission or another lawful reason.
A person can be charged with this offence if they walk, drive or otherwise make their way onto property which is surrounded by a fence, wall, canal, building or other structure that indicates the boundary of the property.
The maximum penalty for this offence is 5 penalty units.
The offence is more serious if the property is a school, child care service, hospital or nursing home. The maximum penalty in these cases is 10 penalty units.
In NSW, a court can impose any of the following penalties for an Unlawful Entry on Inclosed Lands charge.
The offence of Unlawful Entry on Inclosed Lands is contained in Section 4 of the Inclosed Lands Protection Act 1901 and states:
Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands, is liable to a penalty not exceeding:
Examples of Unlawful Entry on Inclosed Lands include:
To convict you of Unlawful Entry on Inclosed Lands the prosecution must prove each of the following matters beyond reasonable doubt:
The most common ways to defend this charge are:
The offence is a summary offence and will be finalised in the Local Court.
Section 10: Avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.