Property Offences – Burglary

Our experienced criminal law solicitors have prepared a brief overview of the law relating to trespass.  If you or someone you care about is facing a charge of tresspass, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.

For more information on other similar charges, visit our PROPERTY OFFENCES.

Burglary – The Law

Burglary may be used to describe a broad group of offences involving the unlawful entry onto a premises with intent to commit an offence. Section 419 of the Queensland Criminal Code 2005 outlines the formal offence of burglary.  It provides:

(1) Any person who enters or is in the dwelling of another with intent to commit an indictable offence in the dwelling commits a crime.


Elements of the offence

To be found guilty of the offence of burglary the prosecution is required to prove, beyond a reasonable doubt, the following elements:

  1. The accused entered / was present in a dwelling;
  2. The accused had intent to commit an indictable offence.

Examples of indictable offences include theft, rape and murder.

Maximum penalty

The maximum penalty for the allegation of burglary is 14 years imprisonment.

However, circumstances of aggravation exist that lead the accused to be liable for life imprisonment.

Jurisdiction – Where will the matter be heard?

The offence of burglary can be heard and finalised in the Magistrates Court.

Aggravated and more severe cases may be committed to the District Court.

Conviction – Does a conviction have to be recorded?

The sentencing Court has a discretion whether or not to record a conviction against you for the offence of fraud.  Generally a conviction would not be recorded for a minor first offence for this type of offence, although one is likely for subsequent convictions, or where a circumstance of aggravation is made out.

The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.


This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.