Charged with Serious Criminal Trespass?
Whether you are accused of unlawfully entering a private residence, business premises, or any other property, it is crucial to understand how the law defines “serious” trespass and the potential consequences.
Serious Criminal Trespass Lawyers
Serious Criminal Trespass is a criminal offence in South Australia that can lead to fines, a criminal record, or even imprisonment.
Prompt legal advice can significantly improve your chances of a favourable outcome. Book a free 30-minute consultation to get the best defence.
What is Serious Criminal Trespass?
Serious criminal trespass is defined under Section 169 and Section 170 of the Criminal Law Consolidation Act 1935 (SA).
The offence occurs when a person unlawfully enters a place of residence or a non-residential building with the intent to commit an offence. This could include theft, assault, or property damage.
The offence can also occur if a person remains in such a place after their permission to be there has been revoked, and they intend to commit an offence.
Penalty for Serious Criminal Trespass
Ordinary trespass may be handled as a minor or summary offence under other statutes.
However, serious criminal trespass typically implies a higher level of wrongdoing—often including plans to commit theft, assault, or property damage, or the use of force to gain entry.
The penalty for serious criminal trespass also depend on whether the trespass occurred in a place of residence or a non-residential building:
- If the offence occurred in a place of residence, the maximum penalty is imprisonment for 20 years.
- If the offence occurred in a non-residential building, the maximum penalty is imprisonment for 10 years.
Defences to Serious Criminal Trespass
There are several defences available to a charge of serious criminal trespass. These include:
- Claim of Right – If the accused honestly believed they had a legal right to enter the property, this could serve as a defence.
- Lack of Intent – If the accused did not intend to commit an offence once inside the property, this could also serve as a defence .
- Consent – If the owner of the property gave their consent for the accused to enter the property, this could serve as a defence.
- Mistake of Fact – the accused believed they had permission or were legally entitled to be on the property.
- No Knowledge of Unlawfulness – If the prosecution cannot prove the accused knew (or ought to have known) the entry was unauthorized.
- Identification Issues – If the evidence tying the accused to the scene is weak or unreliable (e.g., mistaken identity, poor-quality CCTV).
Elements of the Offence
To secure a conviction for Serious Criminal Trespass, the prosecution must prove beyond a reasonable doubt that the accused:
- Entered or remained unlawfully in a place—such as a building, structure, or property.
- Knew or should have known they did not have the authority or permission to be there..
- Had an intention to commit an offence on the premises (or was reckless about committing an offence)
- Met the “seriousness” threshold due to aggravating factors—e.g., forcing entry, carrying a weapon, causing or intending to cause harm/damage, or entering a dwelling when occupants are present.
These elements must be proven beyond a reasonable doubt for a conviction of serious criminal trespass. If the prosecution cannot prove each of these elements, the defendant must be acquitted.
Frequently Asked Questions
What is the difference between trespass and serious criminal trespass?
Trespass involves unlawfully entering or remaining on a property, but does not necessarily involve an intent to commit an offence. Serious criminal trespass, on the other hand, involves unlawfully entering or remaining on a property with the intent to commit an offence.
Can I be charged with serious criminal trespass if I entered a property but did not commit any other offence?
Yes, the offence of serious criminal trespass is complete upon unlawful entry with the intent to commit an offence.
It is not necessary for the intended offence to have been carried out.
What if I entered a property but did not know it was unlawful to do so?
Ignorance of the law is generally not a defence. However, if you honestly believed you had a legal right to enter the property (a claim of right), this could potentially serve as a defence.
What is the likely penalty for serious criminal trespass?
The penalty for serious criminal trespass depends on the circumstances of the case, including whether the trespass occurred in a place of residence or a non-residential building, the nature of the intended offence, and the accused’s prior criminal history.
The maximum penalties are imprisonment for 20 years for trespass in a place of residence and imprisonment for 10 years for trespass in a non-residential building.
Can I be charged with serious criminal trespass if I remained in a property after my permission to be there was revoked?
Yes, serious criminal trespass can occur if a person remains in a place of residence or a non-residential building after their permission to be there has been revoked, and they intend to commit an offence.
What evidence do the Prosecution use to secure a conviction?
- Physical Evidence – This can include signs of forced entry, fingerprints, DNA evidence, or stolen property found in the possession of the accused.
- Witness Testimony Witnesses can provide crucial evidence. For example, if someone saw the accused entering the property, their testimony could be used to prove the element of entry.
- CCTV Footage – If available, CCTV footage can provide direct evidence of the accused entering the property unlawfully.
- Admissions or Confessions – If the accused admits to the crime, either during police questioning or to another person, this can be used as evidence.
- Circumstantial Evidence – This can include evidence that places the accused at or near the scene of the crime at the relevant time, or evidence that shows the accused had a motive to commit the offence.
How Talon Legal Can Help
Talon Legal is committed to providing tailored defence strategies for individuals facing serious criminal trespass charges in South Australia. We offer:
- Expertise in South Australian criminal law and court procedures.
- Comprehensive legal advice on available defences.
- Skilled negotiation and advocacy to seek a reduction in penalties where possible.
- Personalised support, ensuring you fully understand each stage of the legal process.
By combining meticulous research with a practical, client-focused approach, we ensure your voice is heard and your rights are protected at every step.
Whether we negotiate with the prosecution for a more favourable outcome or prepare a compelling defence for court, our goal remains the same – to secure the best possible result for you and your family.
Free 30 Minute Consultation
Book a free 30-minute consultation today. Our experienced criminal defence lawyers in Adelaide will review the circumstances of your case, discuss possible strategies, and outline the next steps in a confidential setting.