Unlawful entry on inclosed lands (Trespass)

The offence of unlawful entry on inclosed lands is considered a relatively minor offence

Your Options

Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

1. You without lawful excuse (proof of which lies on the person);

2. Enter into inclosed lands:

a. Without the consent of the owner, occupier or person apparently in charge of those lands; or

b. Remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands.

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.

This offence carries a maximum fine of $550.

Generally, penalties that a court can impose for any criminal offence in NSW are:

• Section 10 – No conviction recorded
• Fine
• Section 9 – Good behaviour bond
• Community service order
• Section 12 – Suspended sentence
• Intensive correction order
• Home detention
• Prison sentence