Serious Criminal Trespass and Unlawfully on Premises

How we can help:

Serious criminal trespass is treated by the Courts and the Community as a very serious offence and in most cases will be punishable by imprisonment. In many instances, Police incorrectly charge individuals with criminal trespass and the correct charge is less serious such as unlawfully on premises or unlawful possession of property that is listed as stolen during a trespass.

At Mangan Ey & Associates we are very familiar with the vast number of offences that exist under South Australian Legislation so that we can ensure that you are charged with the correct offence or we can capably argue that the charges should be dismissed.

Contact us for advice.

Definition:

Serious Criminal Trespass is an offence previously known as Break and Enter. You may be charged with Serious Criminal Trespass if you enter or remain in a place (other than a place that is open to the public) as a trespasser with the intention of committing an offence.

Unlawfully on Premises is a less serious offence. It relates to a person being on premises (other than premises open to the public) for an unlawful purpose or without lawful excuse.

Penalties:

Some of the maximum penalties for some common trespass type offences are:

  • Serious Criminal Trespass in a place of residence (basic offence) – 15 years imprisonment.
  • Serious Criminal Trespass in a place of residence (aggravated offence) – life imprisonment.  
  • Serious criminal trespass in a non-residential building (basic offence) – 10 years imprisonment.
  • Serious criminal trespass in a non-residential building (aggravated offence) – 20 years imprisonment.
  • Unlawfully on Premises - fine of $2,500 or 6 months imprisonment.