Criminal Trespass

Application

Advice and guidance around when this offence could apply, and when it shouldn't apply.

Applies When

• A person refuses to vacate the property when told to leave.
• A person enters a property with malicious intent, whether they knew it was private or not.

Doesn't Apply when

• A person enters property, where a reasonable person would believe that the property was not private or closed, and leaves when asked to do so.
• The victim sustains injuries more severe than those covered by this section. Instead use the higher grade offence.

Sentencing

Suggested sentences for those who have been convicted of this offence, and advice on the applicable conviction processes.

• Sentences: Where there are multiple suggested sentences, select the sentence that is most appropriate given the offences circumstances.
• Process: Where there are multiple options for the due process, consider the process that best matches the circumstances of the offence, i.e. for more serious circumstances, consider the higher option.

Suggested Sentences

• 5 Silver Penalty
• 1 Day Community Restitution Order
• 3 Lashes

Due Process

• Penalty Offence: A fixed penalty notice (FPN) can be issued for this offence without a court hearing or supervisor escalation.

Further Guidance

There is no further guidance for this offence.