BREAK AND ENTER PREMISES LAWYERS BRISBANE

THE OFFENCE

Section 421 of the Queensland Criminal Code 1899 makes it an offence to enter or be in premises to commit an indictable offence.

Section 421 states:

421 Entering or being in premises and committing indictable offences

(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.

The offence of entering or being in premises with intent to commit an indictable offence is a serious offence. The government has reflected the seriousness of the charge by the maximum penalties ranging from 10 years imprisonment to life imprisonment.

WHAT MUST THE PROSECUTION PROVE?

For the prosecution to be successful in proving the charge of entering premises or being in premises with intent to commit an indictable offence, they must prove beyond reasonable doubt:

The accused:

1. enters or is in.
2. any premises.
3. with the intent to commit an indictable offence in the premises.

Or

The accused:

1. enters or is in.
2. any premises.
3. committed an indictable offence in the premises.

Or

The accused:

1. enters or is in.
2. any premises.
3. gained entry to the premises by any break.
4. committed an indictable offence in the premises.

WHAT DOES IT MEAN TO “ENTER” PREMISES?

Section 418 of the Queensland Criminal Code 1899 states when a person will enter premises and it provides:

A person is said to enter a dwelling or premises as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling or  premises.

Entering premises could arise where you:

• Stick your hand or an object through an open window.
• Walk inside a building through an open door.
• Get inside a car.

WHAT ARE “PREMISES”?

Section 418 of the Queensland Criminal Code 1899 defines premises as:

premises includes—

(a) a building or structure and a part of a building or structure other than a dwelling; and

(b) a tent, caravan, or vehicle; and

(c) any similar place.

WHAT IS A “BREAK”?

Section 418 of the Queensland Criminal Code 1899 defines a break as:

A person who breaks any part, whether external or internal, of a dwelling or any premises, or opens, by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar, flap, or other thing, intended to close or cover an opening in a dwelling or any premises, or an opening giving passage from one part of a dwelling or any premises to another, is said to break the dwelling or premises.

A break can arise where you:

• Open an unlocked car door.
• Open an unlocked door to a building.
• Open a window to gain entry to the building.

ARE THERE ANY DEFENCES?

1. Mistaken identity- you are not the person who committed the offence.
2. You didn’t enter the premises.
3. You were not inside the premises.
4. You didn’t have an intention to commit an indictable offence.
5. The place you allegedly entered or been inside does not constitute “premises”.
6. You had the consent of the premises owner to enter or be in it.

PROTECT YOUR FUTURE WITH CRIMINAL LAWYERS BRISBANE GROUP

Entering premises charges are serious, and being convicted of one can have long-lasting consequences for you. Delaying getting legal advice or trying to navigate the charge on your own will only lead to disastrous consequences for you. Our Brisbane Criminal Lawyers are here ready to fight for you and protect your future.

Don’t wait until it is too late- take action today and get on the front foot! Contact the Criminal Lawyers Brisbane Group now on (07) 3153 6215 for a free confidential consultation.