S.421 Entering Or Being In Premises And Committing Indictable Offences (Criminal Code Queensland)
(1) Any person who enters or is in any premises with intent to commit an indictable offence in the premises commits a crime. Maximum penalty—10 years imprisonment.
(2) Any person who enters or is in any premises and commits an indictable offence in the premises commits a crime. Maximum penalty—14 years imprisonment.
(3) If the offender gains entry to the premises by any break and commits an indictable offence in the premises, he or she is liable to imprisonment for life.
Breaking and Entering Offences
In Queensland, Break and Enter offences can relate to any type of building or structure including a tent, caravan or vehicle. There are three types of break and enter offences;
- Enter or be in any premises with the intention of committing a crime;
- Enter or be in any premises and commit a crime in the premises;
- Gain entry to premises by any break and commit a crime in the premises.
Enter Premises with Intent
This is the least serious of the three above offences. A person can be charged with this offence when they have entered premises to commit a crime. You don’t have to actually commit a crime after entering the building or structure, you may be charged if you have entered with the intention to commit a crime. The maximum penalty for breaking an entry law is 10 years imprisonment.
Enter Premises and Commit an Indictable Offence
This is a more serious charge. A person could be charged with this offence if they enter the premises and while they are there, they commit another crime (i.e. Assault, Stealing, Wilful Damage). The maximum penalty if you are convicted of this charge is 14 years imprisonment.
Break, Enter and Commit an Indictable Offence
This is the most serious break and enter charge; the maximum penalty is life imprisonment. You can be charged with this offence when you have broken into a building or structure and committed a crime inside. ‘Breaking in’ includes breaking any part, whether internal or external, of the premises or opening (by unlocking, pulling or pushing) any door, window or other thing intended to close or cover an opening in the premises.
Break and Enter offences are indictable offences but can be dealt with in either the Magistrates Court or the District Court. Generally speaking, the seriousness of the offence and the existence of other charges connected to the Break and Enter offence will determine the Court in which the matter is to be heard.
Breaking and Entering Sentence and Penalty
In Queensland, if a person is convicted of a Breaking and Entering offence, then the court could impose one of the following penalties:
- Imprisonment (suspended, parole, or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Recognisance;
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.
Are there any defences available to a break and enter charge?
Yes. The facts of your break-and-enter case will determine which defences will be available for you. The following defences may be available to you:
- Duress;
- Necessity;
- Intoxication;
- Honest claim of right to be in the property;
- The seal of the property was not broken;
- The person did not enter the property;
- The person was given consent to enter the property.
What should I do if the police want to speak to me about a break and enter allegation or if I have been charged with a breaking and entering offence?
You have the right to remain silent. You DO have to provide the police with your name, date of birth, and contact details. You should NOT answer any questions, make any statement, or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative, or lawyer.
Call an Expert Break and Enter Lawyer
If you are charged with a criminal offence such as breaking and entering, you must seek immediate legal advice. Our team of lawyers at Brooke Winter Solicitors can give you over-the-phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
6 Public Nuisance
(Summary Offences Act Queensland)
(1) A person must not commit a public nuisance offence. Maximum penalty:
(a) if the person commits a public nuisance offence within licensed premises, or in the vicinity of licensed premises—25 penalty units or 6 months imprisonment; or
(b) otherwise—10 penalty units or 6 months imprisonment.
A person commits a public nuisance offence if they behave in a way which is disorderly, offensive, threatening or violent. Your behaviour may be classified as ‘offensive’ if you use indecent, obscene or abusive language. You can also be charged with this offence if your behaviour interferes with another person’s peaceful enjoyment of a public place.
Penalty and Fine for Public Nuisance
The penalty for this charge increases if the offence is committed in licensed premises or in the vicinity of licenced premises. While the term of imprisonment is still 6 months, the fine increases to $3,153. Public Nuisance charges are usually dealt with in the Magistrates Court, or can be referred to justice mediation for an alternative dispute resolution.
In Queensland, if a person is convicted of a Public Nuisance offence, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Probation;
- Community Service;
- Bonds;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the public nuisance offence and the individual circumstances and background of the Defendant.
Are there any defences available to a public nuisance charge?
Yes. The facts of your public nuisance case will determine which defences will be available for you. The following defences may be available to you:
- The behaviour was not disorderly, offensive, threatening or violent;
- The behaviour did not or was not likely to interfere with another person’s peaceful enjoyment of a public place;
- The accused was not using offensive, obscene, indecent or abusive language.
What should I do if the police want to speak to me about a public nuisance allegation or if I am arrested for public nuisance?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Public Nuisance Lawyer
If you are charged with a public nuisance offence, it is very important that you seek immediate legal advice. Our team of public nuisance lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
11 Trespass
(Summary Offences Act Queensland)
(1) A person must not unlawfully enter, or remain in, a dwelling or the yard for a dwelling. Maximum penalty—20 penalty units or 1 year’s imprisonment.
(2) A person must not unlawfully enter, or remain in, a place used as a yard for, or a place used for, a business purpose. Maximum penalty—20 penalty units or 1 year’s imprisonment.
In Queensland, it is an offence to unlawfully enter or remain in a dwelling, or the yard of a dwelling of another. You may also be charged if you unlawfully enter a place used for a business purpose. ‘Entering unlawfully’ means to enter without authorisation, justification or an excuse accepted by the law.
The maximum penalty for trespass offences is a $2520.00 fine, 1 years imprisonment, or both. Trespass charges are usually dealt with in the Magistrates Court, or can be referred to Justice Mediation for an alternative dispute resolution.
In Queensland, if a person is convicted of a trespass offence, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Community Service;
- Probation;
- Fines;
- Bonds.
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.
Are there any defences available to this charge?
Yes, the following defences may be available to you:
- Offender was not on the property in question;
- Offender had authorisation, justification or a lawful excuse to be on the property;
- There was a mistake of fact.
What should I do if the police want to speak to me about a trespass allegation or if I am charged with a trespass offence?
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
Call an Expert Tresspass Lawyer
If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
Justice Mediation
The complainant can discuss how they were affected by the defendant’s actions and the defendant can try to repair the harm they caused. Friends or relatives may attend for support.
Mediators guide discussion about the offence and how the defendant might make amends. Making amends means being responsible for actions. It might involve:
- Returning stolen property;
- Agreeing to do something for the complainant, such as paying money or repairing damage;
- Making an apology.
A defendant’s assurance that the offence will not be repeated can help repair emotional harm. Some defendants agree to attend counselling or enrol in special courses.
How Justice Mediation Works
The court, police or prosecutor can refer people to justice mediation. Complainants, defence solicitors and barristers can also suggest justice mediation. Participation is always voluntary.
Justice mediation is usually used for offences heard before a Magistrates Court, such as stealing, assault, wilful damage and unlawful use of a motor vehicle. It might also be used for more serious offences, depending on the situation. It may even be used for bullying or similar behaviour if the defendant is willing to accept responsibility.
Justice mediation usually occurs before a court hearing or sentencing but can happen at any time provided the complaint has been lodged with the police.
Before the day of the mediation, the justice mediation staff interview the complainant, the defendant and their support people to prepare them for the mediation session.
At the mediation
Guided by the mediator, both parties talk through what happened and how they feel. They discuss why and how the incident happened, its effect and how the defendant might make amends.
Justice mediation usually takes about 2 hours and is held at the local courthouse or Dispute Resolution Centre. An interpreter can attend if necessary.
Once the parties reach an agreement, the mediator helps both parties write it down.
How it works for complainants
At justice mediation, you can:
- Tell the defendant how their behaviour affected you;
- Ask questions about the incident;
- Express your feelings in a supportive environment supported by family and friends;
- Reduce your fear of further victimisation;
- Receive an explanation or apology from the defendant;
- Make an agreement with the defendant about how they can repair the harm they’ve caused.
Arranging mediation for complainants
The police, Office of the Director of Public Prosecutions or court can refer you for justice mediation with your approval. We then contact you to explain the process and the role of the mediators.
All matters you discuss are confidential. You can arrange and receive legal advice before and during the mediation.
You can invite family or friends to support you during a mediation. If you don’t wish to attend the mediation in person, you can:
- Write a victim impact statement;
- Send a tape-recorded message to be played to the defendant;
- Nominate a friend or family member to attend on your behalf.
You can contact a member of the justice mediation program for more information:
Brisbane
(07) 3239 6246
[email protected]
Gold Coast
(07) 5583 5073
[email protected]
Townsville and Cairns
How it works for defendants
If you have harmed someone or damaged their property, justice mediation enables you to:
- Own up to what you’ve done;
- Accept responsibility for your actions;
- Take steps to repair the harm or damage you’ve caused.
At justice mediation, you’re expected to accept responsibility for your behaviour and acknowledge the impact that it had on the complainant.
At the session, you can talk about how and why the incident happened. The complainant then talks about the incident and the impact it’s had on their life.
Complainants are often very upset about what has happened to them. They usually want to express their emotions and feelings about the incident. This is a very natural response. The mediators help manage the strong emotions and direct the discussions towards a positive outcome for everyone.
The meditation focuses on what happened, the effects on all parties and what can be done to repair any harm that resulted. The group can discuss how the harm can be repaired. Once you and the complainant agree on the best way to make amends, you’re able to sign an agreement with the complainant.
Arranging mediation for defendants
The police, Office of the Director of Public Prosecutions or court can refer you for justice mediation with your consent. We then contact you to confirm you’re willing to participate.
You can contact the Dispute Resolution Centre for more information.
You can discuss justice mediation with your lawyer, or the investigating police officer or prosecutor.
After an agreement is reached
After the mediation, we let the referrer know that the justice mediation has occurred. With both parties’ consent, we provide a copy of the agreement to the referrer so they can see if and how the parties have finalised the matter. The referrer then decides whether the court process should continue.
Call an Expert Lawyer
If you are charged with an assault offence, it is very important that you seek immediate legal advice. Our team of lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
What Should I Do if I’ve Been Summonsed?
If you have received a summons, you are not permitted to discuss the matter with any person apart from your legal representation. Otherwise, you are liable to police charges. There are numerous requirements that you must abide by when participating or choosing not to participate in these types of proceedings and the process can be complicated. It’s important to get advice that’s specific to your circumstances.
How Can A Lawyer Assist?
With hearings involving the ACC or CCC, lawyers can represent individuals and assist them to know their rights.
Brooke Winter Solicitors has extensive experience in representing clients at CCC and ACC coercive hearings. We have also worked with clients in investigative proceedings conducted by Australian Securities Investigation Commission and the Office of Fair Trading.
Remember you always have the right to legal representation. During this process, you may need to contact a lawyer at short notice to obtain legal information. We are always available for urgent calls.
Contact us to arrange a consultation. We’re looking forward to working with you, and protecting your rights.
Probation Lawyers
A probation order is a set of conditions imposed on you by the court for a set period of time which can be anywhere in the realm of 6 months to 2 years.
Often, a probation order is used instead of a prison sentence or can also be combined with a prison sentence. If you do not agree to the terms of the probation, the magistrate will find another punishment for you to undertake.
Our criminal defence lawyers are experienced in handling cases related to probation and can get you the best possible outcome.
Reporting To A Probation Officer
You may be required to report to a probation officer or be supervised by a probation officer (usually during community service/counselling).
If you violate this term of your probation, your probation officer can charge you with a “Breach of Probation” which could result in further entries on your criminal record and a more extreme sentence on any future charges.
Breaches of Probation
A breach offence occurs when:
- You have committed another offence during your probationary period; or
- You have failed to comply with or complete a community-based order such as community service or an intensive corrections order.
Courts have zero tolerance for breaches of probation and will impose strict penalties. The penalties of the breach vary depending on the severity of the misconduct and the nature of the offence.
In Queensland, 80.5% of those who have breached a community service order have been returned to court and 24.87 were returned to custody.
Defending A Breach of Probation Charge
If you have breached your probation order, you should realise that there are few credible defences that can be used. Generally, the best defence against a breach is to demonstrate that you had a reasonable excuse for being non-compliant or that the requirement of your probation order was not reasonable.
It is essential to obtain legal advice from an experienced criminal defence lawyer when trying to defend against a breach of probation charge.
Call an Expert Lawyer
If you are charged with a breach offence, it is very important that you seek immediate legal advice. Our team of lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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