Break and Enter Lawyers Brisbane, QLD

T

here are a number of different offences which a person can be charged for if they are accused of entering a premises that is not their own.

As soon as a person enters a property, they are liable for Trespass under the Summary Offences Act 2005. A person found guilty of this offence, is liable for 20 penalty units or 1 year’s imprisonment.

If a person is accused of further conduct whilst at the premises, they become liable for offences such as:

• Burglary; or
• Breaking and Entering.

Burglary

To prove burglary, the prosecutions much prove that a person entered with the intent to commit an indictable offence in the relevant dwelling. Indictable offences can include offences such as assault and robbery.

If a person is found guilty of burglary, the maximum penalty is usually 14 years imprisonment. This can increase if an “aggravating feature” is present, which can include entry being by means of break, the offence being committed at night, violence being threatened or used, in company with other persons, being armed with a dangerous weapon, or damaging property. If an aggravating feature is present, a person becomes liable to life imprisonment if convicted.

Breaking and Entering

A charge of Break and Enter is preferred when the premises is not occupied at the relevant time.

Our Break and Enter Lawyers Brisbane, QLD

Breaking and entering is otherwise similar to Burglary, but relates to all premises, rather than specifically a dwelling, as in the cases of burglary. If a person is found guilty of breaking and entering, they are liable for 10 years imprisonment. If they are proved to have committed an indictable offence, the maximum penalty to life imprisonment.

If you or a loved one require assistance with an offence of this nature, please call our office on (07) 3229 3166 for assistance.