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…
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…
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…
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…
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…
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…
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…