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.

Maximum penalties:

  • Serious criminal trespass – non-residential buildings

    • Basic offence: 10 years imprisonment

    • Aggravated offence: 20 years imprisonment

  • Serious criminal trespass – places of residence

    • Basic offence: 15 years imprisonment

    • Aggravated offence: imprisonment for life

  • Aggravating factors of serious criminal trespass in a place of residence

    • 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.

 

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).

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.