Entering a Place Without Authority or Lawful Excuse
Have you been accused of Entering a Place Without Authority or Lawful Excuse?
Police InterviewPolice will want to interview you in relation to Entering a Place Without Authority or Lawful Excuse if they think you are guilty. It is important to discuss with a lawyer the processes of engaging in a police interview before you attend. We assist our clients with police interviews regularly and can offer advice on what to expect.
Pleading Not GuiltyIf you think you have been wrongly charged Entering a Place Without Authority or Lawful Excuse or think you have a defence which means you are not guilty, it is important to talk this through with one of our experienced lawyers.
We can go through the brief of evidence with you and listen to your side of the story before deciding on a strategy for your case. We will work hard to defend you.
Pleading GuiltyIf you are pleading guilty to Entering a Place Without Authority or Lawful Excuse, it is important that you have a lawyer assist you with a plea. We regularly appear in pleas and have experienced lawyers who can assist you in putting a plea together and appear for you at court. It is important that a plea puts your best case forward to get you the best possible sentence.
SentencingSentencing in the higher courts of VictoriaSentencing in the Magistrates’ Courts of Victoria
Elements of the offenceThe prosecution must prove the following two elements:
- The accused wilfully entered a private or scheduled public place; and
- The accused was given notice (whether it be verbally or in writing) prohibiting that accused entry
The Prosecution must prove that a person intended to trespass and that they did not know that they had no lawful authority to be there.1
Examples of Entering a Place Without Authority or Lawful Excuse
- Entering a school yard at night
- Entering a staff only area of a shop
- Entering a job site without permission or lawful excuse
LegislationEntering a place without authority or lawful excuse as described above is an offence pursuant to section 9(1)(e) of the Summary Offences Act 1966.
 Anderson v Winther.
- honest and reasonable mistake of belief
- lack of intent
- sudden or extraordinary emergency
- incorrect factual matrix
Questions in cases like this
- Did you enter the exclusion area?
- Did you have a reason for being there?
- Was it in fact you that entered the property?
The offence of Entering a Place Without Authority or Lawful Excuse (s9(1)(e) of the Summary Offences Act 1966) carries a fine of 25 penalty units (around $4,000) or six months imprisonment as the highest possible sentence.