BURGLARY & ENTER PREMISES

In Queensland, burglary and enter premises offences are set out in sections 419 and 421 of the Criminal Code Act 1899 (Qld). These laws make it a crime to enter another person’s home, business, or building if you intend to commit a serious offence inside — such as stealing property, causing damage, or assault.

The courts treat these offences as extremely serious because they threaten both personal safety and community security. 

You don’t need to actually steal or damage anything to be charged — the fact that you entered with the intention of committing a crime can be enough. Because of the seriousness of these charges and the harsh penalties involved, getting legal advice quickly is the most important step you can take to protect your rights and your future.

In Queensland, the penalties for burglary and enter premises offences are set out in the Criminal Code Act 1899 (Qld). These are among the most serious property offences in the state, and the courts treat them harshly because they threaten both personal safety and community security.

Burglary 

- Maximum penalty: 14 years’ imprisonment.

- In aggravated cases — such as breaking in at night, using or threatening violence, being armed, being in company, or causing damage the penalty can increase to life imprisonment.

Enter Premises

- Maximum penalty: 10 years’ imprisonment.

- This rises to 14 years if aggravating factors apply, such as breaking in, being armed, or being in company.

These penalties show how seriously Queensland courts view unlawful entry. Even if nothing is stolen, the law allows for very heavy sentences. If you are facing one of these charges, getting legal advice quickly is the best way to protect your rights and your future.

To convict someone of burglary or enter premises, the prosecution must prove each element of the offence beyond reasonable doubt.

For Burglary

- You entered, or were in, the dwelling of another person; and

- At the time, you intended to commit an indictable offence inside (for example, stealing, assault, or property damage); or

- You actually committed an indictable offence while inside.

For Enter Premises

- You entered, or were in, premises (such as a shop, office, or storage facility) belonging to another; and

- You intended to commit an indictable offence inside, or you actually committed one.

The key issue in many cases is proving intent — it is not enough that you were simply present in a place. If the police cannot prove what you intended to do, the charge may not stand. This is where strong legal advice can make a real difference.

Being charged with burglary or enter premises does not automatically mean you will be found guilty. There are several legal defences that may apply, depending on the circumstances of your case. Common defences include:

- Lack of intent – The prosecution must prove you intended to commit an indictable offence inside. If there was no such intent, the charge may not stand.

- Mistaken identity – If there is doubt about whether you were the person who entered the premises, this can be a defence.

- Lawful authority or permission – If you had consent to be on the property, or a legal right to enter, this may provide a defence.

- Honest and reasonable mistake of fact – For example, if you genuinely believed you had permission to enter.

- Insufficient evidence – If the police cannot prove each element of the offence beyond reasonable doubt, you cannot be convicted.

Every case is different, and the right defence depends on your individual circumstances. Seeking legal advice early gives you the best chance of identifying potential weaknesses in the prosecution’s case and protecting your future.

A conviction for burglary or enter premises in Queensland can have serious and long‑lasting effects beyond the immediate penalty imposed by the court, which can include:

- Criminal record – A conviction will appear on your criminal history and can affect employment, professional licences, and volunteer opportunities.

- Travel restrictions – Many countries, including the United States and Canada, may refuse entry to people with serious criminal convictions.

- Future sentencing – If you are convicted of another offence later, the court may take your burglary or enter premises conviction into account, leading to harsher penalties.

- Reputation and personal impact – A conviction can damage your reputation, relationships, and standing in the community.

- Imprisonment – With maximum penalties ranging from 10 years to life imprisonment, the risk of a custodial sentence is very real, especially in aggravated cases.

A conviction for burglary or enter premises can follow you for life. The stakes are high, but with the right legal advice, there may be options to reduce the impact or avoid a conviction altogether.

Facing a charge of burglary or enter premises in Queensland is extremely serious. With penalties ranging from lengthy prison terms to, in aggravated burglary cases, life imprisonment, the stakes could not be higher.

At Coral Coast Law, we can:

- Explain the charges clearly so you understand exactly what you are facing under Queensland law.

- Examine the evidence to identify potential weaknesses in the prosecution’s case, including whether police can prove intent.

- Advise on possible defences and the best strategy for your situation.

- Negotiate with prosecutors to reduce the impact of the charge where possible.

- Represent you in court to fight for the best possible outcome.

Having the right lawyer on your side can make all the difference. Coral Coast Law acts quickly to protect your rights, guide you through the process, and work towards the best result for your future.