Trespass Offences
Serious Criminal Trespass
Serious criminal trespass is an offence in which a person enters or remains in a place (other than a place that is open to the public) as a trespasser with the intention of committing an offence involving theft, or against the person (such as assault), or against property punishable by imprisonment for 3 years or more (such as arson) imprisonment.
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Maximum penalties:
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Serious criminal trespass – non-residential buildings
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Basic offence: 10 years imprisonment
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Aggravated offence: 20 years imprisonment
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Serious criminal trespass – places of residence
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Basic offence: 15 years imprisonment
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Aggravated offence: imprisonment for life
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Aggravating factors of serious criminal trespass in a place of residence
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An offence is aggravated if committed in any of the circumstances that generally give rise to aggravation; or if another person is lawfully present and the offender knows of the other's presence or is reckless about whether anyone is in the place.
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Criminal trespass – place of residence
There is a lesser offence of criminal trespass – place of residence (if another person is lawfully present and the offender knows of the other's presence or is reckless about whether anyone is in the place).
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Maximum penalty:
Basic offence: 3 years imprisonment
Aggravated offence: 5 years imprisonment
There are potential defences to trespass offences. Please contact us for more information.