Facing a charge of unlawful entry in NSW on enclosed lands in New South Wales is a serious matter, but understanding your rights and the law can help you navigate the process. Below, our Sydney-based criminal lawyers help explain the typical charges one might face in situations involving unlawful entry, possible penalties, and your legal options.
What is Unlawful Entry in NSW on Enclosed Lands?
Under Section 4 of the Inclosed Lands Protection Act 1901 (NSW), it's an offence to enter property that is considered "enclosed". For example, entering a residence, business, or institution surrounded by a fence, wall, or structure indicating its boundaries without permission from the occupier or owner. Remaining on the property after being asked to leave is also an offence, unless you have a lawful excuse.
Read our recent Criminal Case Study on a related charge: 'Sydney Client Avoids Conviction For Unlawful Entry Criminal Charges.'
Examples of unlawful entry in NSW include: entering a private backyard, wandering into a school, or staying on someone's property after being asked to leave.
Penalties of unlawful entry include: Up to 5 penalty units for ordinary land, and up to 10 penalty units for "prescribed premises" (e.g. schools, hospitals).
Additional Related Offences to Unlawful Entry in NSW Charge
Charges related to unlawful entry often arise from a single incident. Other common charges include:
1. Remaining on Enclosed Lands
Even if you entered lawfully, if you remain after consent is withdrawn, you can be charged with this offence. Penalties rise if offensive conduct occurs during your stay.
2. Common Assault
If you intentionally or recklessly apply force to another person, or even make them fear immediate force, you may be charged with common assault. This is the least severe form of assault under Section 61 of the Crimes Act 1900 (NSW).
- Penalties: Up to 2 years' imprisonment and/or a $5,500 fine.
- Examples: Pushing, shoving, or making threats of violence without serious injury.
3. Offensive Conduct
Behaving in an offensive or disorderly manner while on another's property can attract separate charges. This includes actions deemed abusive, aggressive, or likely to cause public alarm.
4. Intimidating or Assaulting Police
If an incident escalates and police are called, additional charges might follow if you are alleged to have hindered, intimidated, or assaulted officers. According to Section 60 of the Crimes Act 1900 (NSW), this carries severe penalties:
- Penalties: Up to 5 years' imprisonment for intimidating police while they are acting in the execution of their duty.
- Proof required: The prosecution must show that your actions occurred while the officer was carrying out their lawful duties.
What Should You Do if Charged with Unlawful Entry in NSW?
Being charged does not mean you will automatically receive a conviction. Courts can consider your personal circumstances, show of remorse, and steps towards rehabilitation. In some cases, outcomes such as a Conditional Release Order (CRO) without conviction are possible, especially for first-time offenders who demonstrate responsibility and take proactive measures.
Key steps:
- Contact an experienced criminal lawyer promptly for tailored advice and representation.
- Compile documentation showing your efforts towards rehabilitation, e.g., counselling, apologies, or medical reports.
- Consider an early guilty plea if circumstances warrant, as it may improve your chances of a more lenient outcome.
Read our successful Criminal Case Studies.
Final Thoughts
Unlawful entry and related charges can result in hefty fines or even imprisonment, but with the right legal representation and a proactive approach, your outcome can be significantly improved. Our team at O'Brien Criminal & Civil Solicitors in Sydney has extensive experience in defending such charges and prioritises securing the best result for every client.
If you or someone you know is facing unlawful entry or related charges, call us today for a confidential consultation and expert legal support.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.