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Unlawful Entry on Enclosed Land

property offences

The offence of Unlawful Entry On Inclosed Land is found in section 4 of the Inclosed Lands Protection Act 1901 (NSW) which deems a person guilty if they without lawful excuse, enter into inclosed lands without the consent of the owner, occupier or person in charge of those lands. A person is also guilty of this offence if the accused remains on lands after being requested by the owner, occupier or person in charge to leave those lands.

What Does Unlawful Entry On Enclosed Land Mean In NSW?

Unlawful entry on enclosed land occurs when a person, without lawful excuse, enters or remains on enclosed lands without the consent of the owner, occupier, or person in charge. The burden of proving a lawful excuse lies with the person accused of unlawful entry.

You could be charged with Unlawful Entry On Inclosed Land if you:

  1. Jump a fence enclosing a farm and walk through the pasture.
  2. Fail to leave a residence after being asked to do so by the owner.

The Law: Unlawful Entry on enclosed Lands

The offence of Unlawful Entry on Inclosed Lands is defined under Section 4 of the Enclosed Lands Protection Act 1901 (NSW). The section 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.”

What must the prosecution prove?

Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

  • You entered land or remained on land without the consent of the owner; and
  • The land was inclosed.

What are the maximum penalties for this offence?

The maximum penalties for Unlawful Entry On Enclosed Land in NSW is:

  • Fine of $550.00 
  • Fine of $1,100.00 if the land is a prescribed premises which includes;
    • A government school or registered non-government school
    • A child care service centre
    • A hospital
    • A nursing home

Defences

A person can validly defend this charge by arguing:

  • That they did not enter the land or that they did not remain on the land after the consent of the owner was withdrawn;
  • That the land was not inclosed; or
  • That they had a lawful excuse for being on the land.
 

What are your options at Law?

If you are facing charges of Unlawful Entry On Enclosed Land , the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:
  1. Negotiate with prosecutors to withdraw or amend the charges.
  2. Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
  3. Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
  4. Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available. 

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.

If you have been charged with Unlawful Entry on Inclosed Land, it is crucial to seek professional legal advice. Our experienced team of criminal lawyers can help you navigate the complexities of your case and provide you with the best possible defence.

Why Choose Us?

  • Expert Legal Advice: Our team specializes in cases involving unlawful entry and can provide you with expert advice tailored to your situation.
  • Proven Track Record: We have a strong history of successfully defending clients against charges of unlawful entry on inclosed lands.
  • First Free Consultation: Contact us today to book your first consultation for free. We will assess your case and discuss your options without any initial cost.

Contact Us Today

Don’t face these charges alone. Reach out to our team to book your free consultation and take the first step towards a strong legal defence.

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