Enter Inclosed Lands

Best Unlawful Entry Onto Inclosed Lands Lawyers

Our specialist Unlawfully Enter Inclosed Lands lawyers have years of experience with these charges. These charges are often called ‘trespassing’.

This charge is not as serious as other similar charges, such as Break and Enter. Because of this, often a plea of guilty can be offered to this charge in lieu of a Break and Enter charge being withdrawn. This would guarantee that you will not face any jail time as this charge is a ‘fine only’ offence’. It also maximises your chances of avoiding a criminal conviction.

Contact us now to speak to our accredited specialist criminal lawyer who can immediately begin preparing your case.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Unlawful Entry on Inclosed lands?

  Section 4 of the Inclosed Lands Protection Act 1901 (NSW) sets out that in order for you to be found guilty of an Enter Inclosed lands charge, police must prove the following beyond reasonable doubt:

  • 1. You entered onto a property;
    2. That property was inclosed lands;
    3. You did not have permission to enter the inclosed lands, or you remained on the lands after being requested to leave.

  What does ‘Inclosed Lands’ mean?

  ‘Inclosed lands’ is defined as any private or public land inclosed or surrounded by a barrier or erections of some sort. This includes a river or other natural inclosure. Other examples include a school, child care service, or hospital.

   

  What are the Defences to Unlawful Entry onto Inclosed Lands?

  The following defences to Enter Inclosed Lands charges apply:

  1. You received consent to enter the inclosed lands by an authorised person;
  2. You left the Inclosed lands once requested;
  3. Lawful excuse: You had a lawful excuse for entering or remaining on the inclosed lands (eg. you entered a farm or nearby property to prevent animals from straying or regaining control of animals that had strayed).
  4. Honest and reasonable mistake: You held a genuine belief that you were entitled to enter the lands and that belief was reasonable in the circumstances.
  5. Duress: You were forced to enter the lands
  6. Necessity: You actions of entering the lands were necessary in the circumstances

   

  Our team have years of experience in fighting these charges. Contact us now to see how we can best assist you and whether there are any defences open to you.

• PLEADING GUILTY

  Before pleading guilty, you should obtain advice from an experienced criminal lawyer. If you have taken advice, you will then need to prepare for sentencing. You can refer to our general guide. However, you will need to speak to specialist trespassing lawyer for representation in Court and advice specific to your case.

   

  What is the Penalty for Unlawful Entry on Inclosed Lands?

  The maximum penalty for Unlawful entry on inclosed lands is a fine of $1,100 if the land is a prescribed premises (ie. school, nursing home or hospital).

  If the lands are any other premises, then the fine is reduced to $550.

  Significantly, there is no gaol time for this offence. As such, you have a much better chance of receiving a ‘non-conviction’ than for many other offences.

   

  What Are the Possible Sentences for Unlawful Entry on Inclosed Lands?

  The following is a list of sentencing options for a charge of Unlawful Entry on Inclosed Lands:

  1. Section 10 dismissal
  2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  3. Fine

   

  Significantly, this is known as a ‘fine only’ offence which means that the maximum penalty is a fine.

   

  Will You Go to Jail for Unlawful Entry on Inclosed Lands?

  You will not go to jail for Unlawful Entry on Enter Inclosed Lands as the maximum penalty is only a fine. In fact, with proper legal representation, you have a good chance of avoiding a conviction entirely.

  Of the 457 cases heard in the Local Court over the last 5 years, only 11% of people received no conviction for Enter Inclosed Lands. All other offenders received criminal convictions.

  Avoiding a conviction is not easy. As such, if you wish to avoid a conviction, you should speak to one of our specialist criminal defence solicitors for Enter Inclosed Lands charges.

FAQ

Is trespass a criminal offence?

Yes. Trespassing (known as Unlawful Entry on Enter Inclosed Lands) is a criminal offence. However, with the right legal representation, you can avoid receiving a criminal conviction for it, even if you plead guilty. Contact us now to speak our accredited specialist criminal lawyer who can begin preparing your case.