Property Offences
Our team of skilled criminal lawyers can provide an effective defence against property-related charges. It is our goal to deliver a strong defence for your case and provide you with the best possible outcome.
Please see below for more information on the offence that relates to you. If you have any further questions or want to discuss your situation with proficient and experienced lawyers, contact our team at (02) 9060 9799 or email our Principal Lawyer at samuel@saslawyers.com.au.
Unlawful Entry
Unlawful entry onto enclosed lands is an offence under section 4 of the Inclosed Lands Protection Act 1901 (NSW). You will face harsher penalties if the land is a prescribed premise.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
The accused entered land or remained on land without the owner’s consent and
The land was enclosed.
What are Enclosed Lands?
Section 3 of the Inclosed Lands Protection Act 1901 (NSW) defines inclosed lands as either
prescribed premises, or
any land, either public or private, inclosed or surrounded by any fence, wall, or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.
What are Prescribed Premises?
Section 3 of the Inclosed Lands Protection Act 1901 (NSW) defines prescribed premises as land occupied or used in connection with any of the following
a government school or a registered non-government school
a childcare service,
a hospital,
a nursing home,
and any building or structure erected on that land but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, childcare service, hospital, or nursing home.
Maximum Penalties
Prescribed premises
The maximum penalty is a fine of 10 penalty units ($1,100).
In any other case
The maximum penalty is a fine of 5 penalty units ($550).
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your particular offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to these charges can include:
You did not enter the land or did not remain on the land after the consent of the owner was withdrawn
The land was not completely enclosed
You had a lawful excuse for being on the land
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Breaking, Entering, and Stealing Offences
There are several breaks and enter offences in NSW. These offences are listed under Part 4 of the Crimes Act 1900 (NSW), specifically sections 109-115
NSW Breaking & Entering Offences:
Section 109: Breaking out of a dwelling-house after committing or entering with intent to commit an indictable offence.
Section 110: Break enter and assault with intent to murder.
Section 111: Enter a dwelling house with intent to commit a serious indictable offence.
Section 112: Break, enter, and commit a serious indictable offence.
Section 113: Break and enter with intent to commit a serious indictable offence.
Section 114: Being armed with intent to commit an indictable offence.
Section 115: being a convicted offender armed with intent to commit an indictable offence.
An offence of break and enter is largely prosecuted under section 112 of the Crimes Act 1900 (NSW), which refers to the charge of break, enter, and commit a serious indictable offence. Section 112 of the Crimes Act 1900 (NSW) defines break and enter as a person who:
breaks and enters any dwelling-house or other building and commits any serious indictable offence therein, or
being in any dwelling-house or other building commits any serious indictable offence therein and breaks out of the dwelling-house or other building
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You broke something
By breaking something, you gained access to a house, residence, or premises
You entered the house, residence, or premises, and
You either stole something or committed a serious indictable offence
Maximum Penalties
Section 109: Breaking out of a dwelling-house after committing, or entering with intent to commit an indictable offence
The maximum penalty is 14 years imprisonment.
Section 110: Break enter and assault with intent to murder
The maximum penalty is 25 years imprisonment.
Section 111: Enter a dwelling house with intent to commit a serious indictable offence
The maximum penalty is 10 years imprisonment.
Section 112: Break, enter, and commit a serious indictable offence
The maximum penalty is 14 years imprisonment.
Section 113: Break and enter with intent to commit a serious indictable offence
The maximum penalty is 10 years imprisonment.
Section 114: Being armed with intent to commit an indictable offence
The maximum penalty is 7 years imprisonment.
Section 115: Being a convicted offender armed with intent to commit an indictable offence
The maximum penalty is 10 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available to these charges can include:
Wrongfully accused – You were not the one that committed the offence of breaking and entering
You did not break anything or what you broke did not allow you access into the house or premises
You did not steal anything or commit a serious indictable offence
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Malicious Damage to Property
A person who has maliciously damaged property belonging to another individual is guilty of an offence under section 195 of the Crimes Act 1900 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You caused the damage or destroyed the property
The property belonged to another person, or you and another person
The destruction or damage was done intentionally or recklessly
What is Damage?
Damage is not defined in the Crimes Act 1900 (NSW), however, damage has been referred to by the courts as damage or change to the property that does not need to be permanent. In other words, if the property is deranged or interfered with such as marking, altering, or removing the property, then it would be held to constitute malicious property damage.
Maximum Penalties
Section 195(1)(a): Destroy or damage property
A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another will be liable to 5 years imprisonment.
Section 195(1A)(a): Destroy or damage property in company
A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another will be liable to 6 years imprisonment.
Section 195(1)(b): Destroy or damage property using fire or explosives
A person who intentionally or recklessly destroys or damages property belonging to another or to that person and another and the destruction or damage caused by fire or explosives will be liable to 10 years imprisonment.
Section 195(1A)(b): Destroy or damage property using fire or explosives in company
A person who, in the company of another person or persons, intentionally or recklessly destroys or damages property belonging to another or to that person and another, and the destruction or damage is caused by fire or explosives will be liable to 11 years imprisonment.
Section 195(2)(a): Destroy or damage property during a public disorder
A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another will be liable to 7 years imprisonment.
Section 195(2)(b): Destroy or damage property using fire or explosives during a public disorder
A person who, during a public disorder, intentionally or recklessly destroys or damages property belonging to another or to that person and another, and the destruction or damage is caused by fire or explosives will be liable to 12 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Demanding Property with Intent to Steal
A person that demands property from another with intent to steal is guilty of an offence under section 99 of the Crimes Act 1900 (NSW). If you commit this offence in company you will be liable to harsher penalties.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
With menaces, or by force, you demanded any property from any person
You did so with the intent to steal the property
The Prosecution does not need to prove that such menace was violent or caused injury.
Maximum Penalties
The maximum penalty is 10 years imprisonment.
Section 99(2): In company
The maximum penalty is 14 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment