Burglary / Break & Enter Offences

Burglary

Burglary is one of the most serious offences under the Criminal Code in Queensland. It is an offence to enter or be in the dwelling of another with intent to commit an indictable offence in that dwelling. Indictable offences are serious offences, including rape, assault, robbery and murder.

The maximum penalty is 14 years imprisonment. This increases to a maximum term of life imprisonment if the offender entered the dwelling by means of any break. They may also be liable to life imprisonment if the offence was committed at night, or violence is threatened or used, or if the defendant is or pretended to be armed with a dangerous weapon, is in company with 1 or more other people, or damages or threatens to damage any property.

If the person enters the dwelling and does in fact commit an indictable offence, they are liable to a maximum penalty of life imprisonment.

Break & Enter

It is an offence to enter any premises with intent to commit an indictable offence. This is different to burglary because there is no requirement that it is a dwelling. The maximum penalty is 10 years imprisonment.

If the person enters the dwelling and commits an indictable offence, they are liable for up to 14 years imprisonment.

If the offender gains entry to the premises by any break, and then commits an indictable offence, they are liable to a maximum penalty of life imprisonment.

Possession of things used in connection with Unlawful Entry

The Criminal Code makes a number of preparatory circumstances illegal, punishable by up to 3 years imprisonment. The penalty is extended to a maximum of 7 years imprisonment if the offender has previously been convicted of a crime relating to property.

The circumstances this section covers include:

1. Being armed with a dangerous weapon with intent to break or enter a dwelling or premises, and to commit an indictable offence therein
2. Having in possession anything intended for use in or in connection with the commission of burglary or breaking and entering
3. Having in possession at night any instrument of housebreaking
4. Having in possession by day any instrument for housebreaking, with intent to commit an indictable offence
5. Being masked or blackened, or being otherwise disguised, with intent to commit an indictable offence

We can help

It goes without saying that you should seek advice and representation from professional criminal lawyers who have experience dealing with Burglary charges and, where possible, can negotiate with the prosecution in an effort to have the charges remain in the Magistrates Court.

Have you or someone you know been charged with Burglary? Contact us to secure the services of experienced criminal lawyers who will provide solid, reliable advice and the highest quality court representation.