Please be ready with your application reference number starting with 'P'. For example P1234567
One of the many actions that constitute a burglary offence in Queensland is outlined in Chapter 39 of the Criminal Code Act 1899 (Qld). Section 421 of the Code describes the circumstances and actions leading to a Breaking-In and Entering offence in Queensland.
Under Queensland laws, it is an offence for a person to break into or enter a place when they do not have consent. Or where such persons are found in the premise, refuse to leave after the owner requests for such.
If an individual is convicted in a Queensland court for a Break and Enter offence, the offence will show up as a disclosable court outcome (DCO) on a Nationally Coordinated Criminal History Check in Qld.
A person commits an offence if they break or enter a premises (public space) with malicious intent. It includes where such persons enter the premises to commit an indictable crime in Queensland. The three primary characteristics of this offence are;
The offence of entering or being on premises includes ten years of imprisonment. And this offence is described in Section 421 (Chapter 39) of the Criminal Code Act 1899 (Qld).
Subsection 2 of the Act describes a crime where a person in another premise commits an indictable offence. It is an offence with punishment up to 14 years imprisonment.
A person guilty of an indictable offence by breaking into the premise is liable to punishments reaching life imprisonment.
The general offences of Breaking into a premise are sometimes subsumed into Burglary offences. Section 419(1) of the Criminal Code Act 1899 (Qld) describes a Burglary offence to occur when the accused person;
It is aggravating circumstance if the accused person;
The penalty for burglary offences in Queensland under section 419 is 14 years imprisonment for a basic crime and a life imprisonment term for aggravating circumstances to the offence.
Subsection 4 of s419 describes an offence where a person enters the dwelling of another to commit an indictable offence. It is an offence attracting up to life imprisonment. There are other circumstances of aggravation listed in the Penalties and Sentences Act 1992 (Qld) and section 161Q.
Section 425 of the Criminal Code Act 1899 (Qld) makes it an offence for a person to have;
The person is guilty of a crime that attracts up to 3 years of imprisonment.
The offender is liable to 7 years imprisonment if convicted of an offence relating to the property.
Section 427 of the Criminal Code Act 1899 (Qld) describes an offence where a person illegally enters a vehicle, especially if they commit an indictable offence. It is a crime that attracts punishments up to ten years imprisonment or more in the case of aggravating circumstances.
Some examples of aggravating circumstances for unlawful entry of vehicle includes;
Aggravating circumstance for offences against section 427 is 14 years imprisonment term.
Section 418 of the Act defines certain useful terms relevant to a break in the offence.
A person is guilty of breaking any dwelling or premise if they;
Section 418(2) of the Criminal Code Act 1899 (Qld) defines an offence of illegal entering when any part/instrument or attachment of a person is within the dwelling or premises. A person can only legally enter a building if they have the permission of the actual owners of the property.
A person is also guilty of an entering offence if they gain entrance into the dwelling by any means, including;
Also, a person may not enter any permanently open way into the house. It is not a defence to the charge that the area was opened.
Break-in offences apply to lots of areas/structures in Queensland, including;
It is a severe offence for a person to hijack a plane, especially where many passengers are. It is a crime to hijack an aircraft, and such offence attracts penalties reaching seven years imprisonment for a primary offence.
The aggravating circumstance for this offence will be treated by more severe punishments reaching 14 years imprisonment. It includes where multiple people were aboard the plane.
If the offender used a weapon or other material instrument that would cause violence or harm to the life of the other. It incurs a penalty term of life imprisonment for whoever the court finds guilty.
Most Burglary charges are severe and cannot be heard summarily in a local Queensland court. Indictable offences often incur very severe penalties together with a conviction reward.
The court hearing a burglary matter will request the prosecution to provide relevant evidence and documents to be submitted in court.
The prosecutor must prove that;
It is irrelevant for Chapter 39 of the Criminal Code if the accused person successfully committed the indictable offence.
Some Examples of Break and Entering premises offence includes;
While most people use this term interchangeably, they are technically different. The essential difference between both terms is that Burglary refers to dwellings (residential habitation) or other personal spaces.
Break and Entering offence usually includes offences against any public offices or facilities.
Having a conviction or sentencing for a break in the offence can hamper your career or Background Checks. The first step to defending your innocence for a Break/Enter offence is to appear in court for your defence on the stated date.
There are many defences a person can argue before the court to prove their innocence for a “Break/Enter" charge.
There is every possibility that the accused person was in “the wrong place at the wrong time”. The defence counsel can argue on behalf of their client that they had no intention to commit an offence by breaking into the premise. If the argument is strong enough, the matter can be dismissed as an accident.
For many reasons and errors, a person can be wrongly accused of a break and entry offence due to many reasons/mistakes. However, such accused persons must prove with necessary evidence that they are not the same person as initially suspected.
Not all premises can qualify as "Entering offences" from the description above. The court may issue lesser sentencing if the premise the accused person is guilty of breaking into is not a "premise" for this section.
The Magistrates Court in Queensland hears summary offences similar to burglary offences. However, severe Break and Entry or Burglary crimes are referred to higher courts like the District court.
As stipulated by section 267 of the Criminal Code Act 1899 (Qld), it is lawful for a person to defend themselves or their properties from burglars. However, the law regulates the counter-force to be in a manner and degree that is reasonable with the circumstance.
The degree of urgency of the danger usually determines if the reaction is reasonable. For example, lethal weapons are only permissible for self-defence if the victim is at extreme risk of hurt or death.
If an individual is found guilty of a Break and Enter offence in Qld, the offence will show up as a disclosable court outcome (DCO) on the results of their criminal background check.
Individuals can obtain a criminal history check online via the Australian National Character Check - ANCC® website.
Criminal Code Act 1899 (Qld) - https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009
Penalties and Sentences Act 1992 (Qld) - https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-048
The content on this website is communicated to you on behalf of Australian National Character Check™ (ANCC®) pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction of this material may be the subject of copyright protection under the Act.
You may include a link on your website pointing to this content for commercial, educational, governmental or personal use.
The contents of this website do not constitute legal advice and should not be relied upon as a substitute for legal or professional advice.