Break and Enter, Theft or Trespassing

Break and Enter, Theft or Trespassing

Break & Enter

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, or an opening giving passage from one part of the dwelling to another, is said to break the dwelling or premises.

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.

A person who obtains entrance into a dwelling or premises by means of any threat or artifice used for that purpose, or by collusion with any person in the dwelling or premises, or who enters any chimney or other aperture of the dwelling or premises permanently left open for any purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the dwelling or premises and is guilty of a crime.

The maximum penalty for the offence of Break and Entering is life imprisonment depending of the circumstances of the offence.


The group of offences loosely known as burglary includes a range of offences involving entry of a dwelling or other premise with intent to steal or commit some other criminal offence.

Burglary is a very serious offence, which carries a maximum penalty of 14 years or life imprisonment, depending on the circumstances of the offence.

There are a number of aggravating factors that increase the maximum penalty for burglary from 14 years imprisonment to life imprisonment. Entering a dwelling by means of a ‘break’ is one such aggravating factor. A ‘break’ could be unlocking or even just opening a door, or a window.


It is an offence to unlawfully enter, or remain in, a dwelling or the yard of a dwelling. This applies to both domestic dwellings and those places used for a business purpose.

The maximum penalty for this offence is 1 year imprisonment or a substantial fine. When deciding the penalty, the court will take in to account the nature of the offence, your unique personal circumstances and any prior criminal history.

If you are charged and have to go to Court, it is critical to seek the advice of a Specialist Criminal Lawyer. Howden Saggers Lawyers specialise in dealing with Break and Enter, Theft or Trespassing Offences and we have been assisting people on the Gold Coast and Brisbane since 2002.

It is important to seek advice as soon as you possibly can.

We can tell you what your options are and advise you of the best course of action.

We are on your side.

We can also help you with:

Do I need a Lawyer?

Criminal Law is an intrigue and complex area of law which encompasses a large number of offences and many interwoven pieces of legislation. Given this a Court appearance for what may be considered to be a simple offence can often be complicated and carry with it lifelong and significant consequences.

At Howden Saggers Lawyers our team of dedicated Criminal Lawyers not only have a proven track record of obtaining excellent results but also ensure that they stay up to date with the frequent changes to the law.

Howden Saggers Lawyers are leading lawyers in our field and this is reflected in the impressive qualifications held by our lawyers and their results achieved in Court. Don’t leave your future to chance, getting advice and representation from an experienced Criminal Lawyer can have a dramatic impact on the outcome of your matter and ultimately your future.

Don't Face Court Alone. Enquire Now.

If you have any questions, want additional information or would like to arrange a free initial consultation with one of our experienced lawyers, please get in touch.