Enter a dwelling house without lawful excuse or permission
Under Section 111 of the Crimes Act 1900 (NSW), it is an offence to enter a dwelling house without lawful excuse or permission.
Secure the strong legal defence you deserve
CHARGED WITH ENTERING A DWELLING HOUSE WITHOUT PERMISSION? HERE’S WHAT YOU NEED TO KNOW.
ENTER DWELLING HOUSE – SECTION 111 CRIMES ACT 1900 (NSW)
CHARGED WITH ENTERING A DWELLING HOUSE WITHOUT PERMISSION? HERE’S WHAT YOU NEED TO KNOW.
WHAT IS THE OFFENCE OF ENTERING A DWELLING HOUSE?
Under Section 111 of the Crimes Act 1900 (NSW), it is an offence to enter a dwelling house without lawful excuse or permission.
A dwelling house refers to a place where people live, such as a house, apartment, or other residential premises.
The offence can be committed whether or not anything is stolen or damaged, and regardless of the time of day or night.
WHEN DOES THIS OFFENCE OCCUR?
You may be charged if you:
- Enter a home without the owner’s or occupant’s consent;
- Remain in the dwelling after permission has been withdrawn;
- Enter the premises with intent to commit another offence such as theft, assault, or property damage.
MAXIMUM PENALTY
The maximum penalty for entering a dwelling house without lawful excuse is:
⚖️ 5 years imprisonment
The seriousness of the penalty depends on the circumstances, including:
- Whether the entry was forcible;
- The time of day (night-time entries are often treated more seriously);
- Whether any other offences were committed during the entry;
- Any previous criminal history.
WHAT MUST THE PROSECUTION PROVE?
To convict you of this offence, the prosecution must prove beyond reasonable doubt that:
- You entered a dwelling house;
- You did so without lawful excuse or permission;
- You were aware that you were entering unlawfully.
COMMON DEFENCES TO ENTERING A DWELLING HOUSE
Possible defences include:
- You had lawful excuse or permission to enter;
- You entered innocently or mistakenly believing you had permission;
- You were escaping danger or seeking assistance;
- You did not actually enter the dwelling (e.g., remained outside);
- You were coerced or under duress.
WHY SEEK LEGAL ADVICE?
Being charged with unlawfully entering a dwelling house can have serious consequences, including criminal conviction, imprisonment, and a criminal record that impacts your future.
An experienced criminal defence lawyer can:
- Examine the circumstances and evidence;
- Advise on possible defences or technical issues;
- Negotiate with prosecutors for reduced charges or alternative outcomes;
- Represent you in court to achieve the best possible result.
CONTACT CRIMINAL LAWYERS GROUP FOR IMMEDIATE HELP
If you are charged or under investigation for unlawfully entering a dwelling house, get expert legal advice as soon as possible.
📞 Phone: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Website: www.criminallawyersgroup.com.au
CRIMINAL LAWYERS GROUP – PROTECTING YOUR RIGHTS WITH SKILL AND DEDICATION.
Steven Mercael
Principal Lawyer
