Break and enter is charged in Queensland as burglary. It is about entering a home intending to commit an offence there, and the law on what counts as entry is wider than most people think. Talk to Joseph Rahim about your charge before court.
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Both are offences under the Criminal Code Act 1899 (Qld).
Entering or being in another person’s dwelling, either intending to commit an indictable offence there, or committing one there.
Entering or being in other premises, such as a shop or shed, with intent to commit an indictable offence is the separate charge of entering premises.
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Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Having any part of your body, or a tool you are using, inside is enough to count as entering.
The prosecution does not have to identify exactly which offence you intended to commit inside.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Any part of your body, or an instrument you are using, being inside.
It covers a dwelling. Entering other premises is a separate charge.
Yes. Night is a circumstance that makes it more serious.
Yes. It is free, confidential and comes with no obligation.
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0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
