Property Offences – Trespass

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.

Trespass – The Law

Section 1 of the Summary Offences Act 2005 creates the simple offence of trespass.  The section provides:

(1)    A person must not unlawfully enter, or remain in, a dwelling or the yard for a dwelling.

(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.


Elements of the offence

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

  1. The accused entered/remained in an area
  2. the area was a dwelling or place used for business purpose, or a yard for either.

Maximum penalty

The maximum penalty for the allegation of fraud is 1 year imprisonment or 20 penalty units.

Jurisdiction – Where will the matter be heard?

The offence of trespass is a simple offence.

The charge will initially be commenced and finalised in the Magistrates 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.

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