Trespass Lawyer
Cairns & Far North Queensland
You have been charged with trespass. In Queensland, trespass is a criminal offence — not just a civil wrong. It means unlawfully entering, or remaining in, a dwelling or a place of business. The charge does not require you to have intended to steal anything or cause damage. All the prosecution needs to prove is that you were on the premises without lawful authority or excuse. Trespass charges arise in a range of circumstances — from returning to a former home after a relationship breakdown, to entering a commercial premises after being banned, to wandering onto someone's property while…
The Offence — Section 11, Summary Offences Act 2005
Trespass is defined in section 11 of the Summary Offences Act 2005 (Qld) . There are two limbs: Section 11(1) — Dwelling trespass A person must not unlawfully enter, or remain in, a dwelling or the yard for a dwelling . Standard: Maximum penalty — 20 penalty units or 1 year's imprisonment With circumstances of aggravation: Maximum penalty — 40 penalty units or 1 year's imprisonment Section 11(2) —…
Trespass vs Unlawful Entry (Break and Enter)
Trespass under section 11 of the Summary Offences Act and unlawful entry under section 419 of the Criminal Code are different offences with different elements and very different consequences: Trespass (s 11 SOA) Unlawful entry (s 419 CC) Classification Simple offence Indictable offence (crime) Maximum penalty 20 PU or 1 year 10 years (dwelling, night) / 14 years (with violence) Intent required? No…
Common Scenarios in Cairns
Trespass charges in the Cairns Magistrates Court arise from a range of circumstances: Returning to a former home after a relationship breakdown One of the most common scenarios. A person returns to the home they previously shared with a partner — to collect belongings, to talk, or simply because they are used to being there. If the relationship has ended and the occupier does not consent to their…
Defending the Charge
Trespass under section 11 has two elements: (1) the person entered or remained in the premises, and (2) the entry or remaining was unlawful. Both can be challenged. Lawful authority to be on the premises If the person had the consent of the occupier — express or implied — to be on the premises, the entry was not unlawful. Implied consent exists in many everyday situations: a customer entering a…
Sentencing — What Changes the Outcome
The sentencing range for trespass runs from a fine through to imprisonment. For a first offence with no aggravating features, the realistic range is a fine, a good behaviour bond, or no conviction recorded. Whether this is a first offence. First offenders with no prior criminal history have a strong prospect of no conviction recorded — particularly where the trespass was benign (no damage, no…
Related Charges
Trespass is often charged alongside other offences arising from the same incident: Unlawful entry (break and enter) (s 419 Criminal Code) — where the prosecution alleges the person entered with intent to commit an indictable offence. This is a much more serious charge. In some cases, the evidence does not support the intent element and the charge can be reduced to trespass. Contravention of a DVO…