Unlawful Entry / Break & Enter — Fixed Fee
$3,300 — Fixed Fee
Fixed Fees: Magistrates Court plea (non-dwelling / commercial) — $3,300 fixed Magistrates Court plea (dwelling / residential, or multiple charges) — $4,800 fixed District Court plea — from $12,000 District Court trial — from $15,000 Covers : full representation from brief review through to plea and sentence in the Magistrates Court. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to review the charge, the specific circumstances of entry, and the prosecution's brief Advice on which charge applies — s 419 dwelling / s 421 non-dwelling / s 427 vehicle — and what penalty range is engaged Honest assessment of whether the intent element is actually established on the evidence Review of whether the "break" element under s 418 is made out on the facts Preparation of written sentencing submissions tailored to your circumstances Guidance on character references and supporting material Full court appearance by Sacha at plea or hearing Post-sentence advice on conviction recording and further options
This Charge Carries Life Imprisonment on the Books — What Matters Is Where Your Matter Actually Sits
The label "break and enter" is colloquial. The actual charges are set out in the Criminal Code Act 1899 (Qld): s 419 for a dwelling (burglary), s 421 for non-dwelling premises, and s 427 for a vehicle. Each carries a different maximum and a different likely outcome depending on the facts. The maximum penalties are severe — life imprisonment under the aggravated dwelling and non-dwelling provisions — but the maximum is rarely the question. The question is where your specific matter sits within the actual range courts impose. The first thing Sacha does is read the brief in full. Not a summary of it — the actual prosecution material. The intent element and the break element are the two points that matter most before any plea is entered, and both require careful analysis of the facts, not assumptions. Courts take residential burglary seriously. According to Queensland Sentencing Council data, 47.6% of adults sentenced for residential burglary receive immediate imprisonment, with a median sentence of 1.3 years. That figure is not designed to alarm — it is designed to be accurate. Understanding where your matter sits requires knowing the charge, the facts, your history, and what the court is likely to focus on.
What the Penalty Range Looks Like — and What Determines Which End Applies
The Criminal Code creates a tiered structure across the unlawful entry offences: s 419(1) — enter or be in a dwelling with intent to commit an indictable offence: 14 years maximum s 419(2) — entry by break into a dwelling: life maximum s 419(3) — aggravated dwelling entry (night, armed, violence, in company, or damage): life maximum s 419(5) — enter dwelling and commit an indictable offence: life maximum s 421(1) — enter non-dwelling premises with intent: 10 years maximum s 421(3) — break, enter and commit in non-dwelling premises: life maximum s 427 — unlawful entry of a vehicle with intent: 10 years, 14 years if aggravated Whether a matter is heard in the Magistrates Court or the District Court depends on the specific circumstances. Sentencing Council data shows 85.9% of matters are dealt with in the Magistrates Court. The District Court is required where the offending involved violence, weapons, entry at night to a dwelling, entry in company, or damage of $30,000 or more. For first-offence commercial burglary in the Magistrates Court, suspended sentences, intensive correction orders, and community service are more common outcomes — but nothing is automatic, and prior history significantly affects what is available.
Prior Convictions Change the Picture Significantly
Prior criminal history is the single most aggravating factor in this type of offending. Queensland Sentencing Council data shows 74.7% of sentenced offenders had a prior criminal history. Courts treat repeat property offending as a pattern, and the submissions required to address that pattern are different in kind — not just degree — from those filed in a first-offence matter. A recorded conviction for burglary or unlawful entry also carries consequences beyond the sentence itself. It will appear on a criminal history check, affects employment in regulated industries, and in some circumstances can affect travel documents and licensing. Whether a conviction is recorded, and what the sentencing outcome is, turns on what is put before the court at the time of sentence. That is where the work happens.
What Changes the Outcome
Whether intent is established. The prosecution must prove intent to commit an indictable offence. If the evidence for that element is weak or disputed, the charge may not be made out. Whether the "break" element applies. Under s 418, "break" is broadly defined — opening an unlocked door counts, constructive breaking through deception or artifice counts, partial entry counts. It is not limited to forced entry. But it still has to be established on the facts of your matter. Whether the premises is a dwelling. The distinction between s 419 and s 421 is not just semantic — it determines the charge, the penalty range, and whether the matter stays in the Magistrates Court or moves to the District Court. Whether permission was given. If you had permission to be on the premises and there was no criminal intent, both core elements of s 419 are in issue. That is a matter to identify before the plea, not after. Early guilty plea and sentencing preparation. A discount applies for an early plea. The quality of the written submissions — circumstances, history, rehabilitation steps, employment, family, character — determines how that discount translates into the actual outcome. Prior criminal history. The most aggravating factor the court will consider. What is done to address it in submissions matters.
What Sacha Focuses On
The brief is read in full before any advice on plea is given. Sacha checks the intent element, the break element, and whether the premises classification is correct. Where any of those elements is genuinely in dispute, that is identified at the outset — not discovered at the sentencing hearing when the plea has already been entered. For matters proceeding to plea, the sentencing submissions are prepared to address what the court will actually focus on: the circumstances of the entry, the client's personal history, what has happened since the offence, employment, family, and any relevant rehabilitation. Generic submissions produce generic results. Courts notice the difference. The line between a suspended sentence and an actual term, or between a conviction recorded and no conviction, is often determined by what is put before the court and how it is put. Sacha treats the preparation of sentencing material as the core of the work, not a formality that follows the plea.
FREQUENTLY ASKED QUESTIONS
Is every break and enter charge heard in the District Court? No. Sentencing Council data shows 85.9% of matters are dealt with in the Magistrates Court. The District Court is required only for aggravated forms involving violence, weapons, night entry to a dwelling, entry in company, or damage of $30,000 or more. Can I go to jail for a first offence? For residential burglary, there is a real risk even on a first offence — 47.6% of adults sentenced for that offending receive immediate imprisonment. For commercial premises, suspended sentences and community-based orders are more common, but nothing is guaranteed without proper preparation. The police say I broke in but I had permission to be there — does that matter? Yes. Section 419 requires intent to commit an indictable offence at the time of entry. If you had permission and there was no criminal intent, both the unlawful entry and intent elements are directly in issue. That needs to be assessed on the facts before any plea decision is made. What is the difference between burglary and break and enter? "Break and enter" is colloquial. The Criminal Code charge for a dwelling is s 419 (burglary); for non-dwelling premises it is s 421 (enter premises). They carry different maximum penalties and engage different sentencing ranges. Does it matter if nothing was actually stolen? For s 419(1), the prosecution proves intent to commit an indictable offence — not that an offence was completed. The charge is made out at entry with intent. Whether anything was taken is not the issue. I'm being charged with entering a vehicle — is that the same as burglary? No. Unlawful entry of a vehicle is charged under s 427 and carries a maximum of 10 years, or 14 years if aggravated. It is a separate offence with a separate penalty structure.