Unlawful Entry on an Inclosed Land

When a person steps onto an inclosed land without lawful excuse (proof of which lies on the person) without consent of the owner, occupier, or person in charge of the land, or who dwells on the lands, can be fined for Unlawful Entry on Inclosed Land.

Some examples are:

• Climbing onto someone’s balcony;

• Remaining in a place such as a hospital, school or business after you’ve been asked to leave; and

• Opening a closed gate and walking up to the front door of a house to drop off a pamphlet which has a sign stating, “No Trespassers”.

 

THE LAW

The offence of Unlawful Entry on Inclosed Lands is contained in Section 4 of the Inclosed Lands Protection Act 1901 (NSW) which states:

“Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands”.

 

MAXIMUM PENALTY

Unlawful Entry on Inclosed Land can be punished with a fine of;

  • 10 penalty units in the case of prescribed premises (such as hospital), or
  • 5 penalty units in any other case.

1 penalty unit is currently set at $110.00

 

THE FACTS THAT MUST BE PROVEN

As Unlawful Entry on Inclosed Land is a criminal offence, the burden of proof lies on the prosecution. The prosecution must prove each of the following matters beyond a reasonable doubt:

  • That your entry on the land was without the consent of the owner; and
  • The land was enclosed; and
  • You had no lawful excuse to enter and/or remain.

 

DEFENCES

Some defences against the charge of Unlawful Entry on Inclosed Lands, can include:

  • Your entry on the land did not occur after the withdrawal of the consent of the owner.
  • Establish that only a certain area of land was inclosed and you were not in that area; or
  • Provide a lawful excuse for entering the land.

 

CHOICES AT LAW OPTIONS

For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:

  1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
  2. At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
  3. Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
  4. Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL & EMPLOYMENT LAWYERS®

There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:

  •  We are always in your corner

At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

  •  We bring about excellent results

Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

  • Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years. 

If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.

 

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