24/7 Assistance

Home » Public Order » Entering a Place Without Authority or Lawful Excuse

Entering a Place Without Authority or Lawful Excuse

Name: Doogue + George Defence Lawyers
Address: Level 5/221 Queen St, Melbourne, VIC, 3000, AU
Telephone: (03) 9670 5111
Price range: $$$

Author: Andrew George

Practice area: Public Order

Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.

View full profile →

Andrew authored this content and last revised it for accuracy on 5th August 2026.

What is the offence of Entering a Place Without Authority or Lawful Excuse?

This offence concerns entering a private place or certain public places without permission, authority, or a lawful reason, after notice has been given prohibiting entry. It is prosecuted under section 9(1)(e) of the Summary Offences Act 1966 (Vic) and applies to deliberate, unauthorised entry.

Key points

Intentional entry: The entry must be deliberate rather than accidental.
Notice prohibiting entry: Entry must occur after clear notice has been given that access is not permitted.
Court jurisdiction: Magistrates’ Court.

The maximum penalty for Entering a Place Without Authority or Lawful Excuse is a fine of 25 penalty units ($5,227.50 — as at 2026–27) or six months imprisonment.

Common defences may include honest and reasonable mistake, necessity, lack of intent, sudden or extraordinary emergency, or an incorrect factual basis.

For this offence, the person may have climbed a fence or gone into an area which they know is not for the public, or have entered a place when there was a sign saying that entrance is forbidden.

Have you been accused of Entering a Place Without Authority or Lawful Excuse?

Police Interview

Police 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 Guilty

If 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 Guilty

If 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.

Sentencing

Sentencing in the higher courts of Victoria

Source: Sentencing Advisory Council of Victoria (SACStat), Summary Offences Act 1966 (Vic) s 9(1)(e) — 124 charges, higher courts, 1 July 2019 – 30 June 2024.

Sentencing outcome	%
Imprisonment	66.9%
Community Correction Order	12.9%
Fine	8.9%
Other	8.9%
Youth Justice Centre Order	2.4%

The distribution demonstrates a substantially greater likelihood of a custodial sentence when matters proceed to a higher jurisdiction, usually reflecting increased seriousness. Even so, sentencing remains individualised. The court will consider the specific circumstances of the offending and the offender before determining the appropriate penalty. Strong advocacy remains critical.

Sentencing in the Magistrates’ Courts of Victoria

Source: Sentencing Advisory Council of Victoria (SACStat), Summary Offences Act 1966 (Vic) s 9(1)(e) — 3,915 charges across 3,339 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.

Sentencing outcome	%
Imprisonment	38.9%
Adjourned Undertaking	19.1%
Fine	19.0%
Community Correction Order	17.6%
Discharge/Dismissal	4.2%
Other	1.2%

These figures show that a custodial sentence is a real possibility at this level, although a significant proportion of cases are resolved by financial penalties or community-based dispositions. The outcome will depend on factors such as the seriousness of the conduct, prior history and personal circumstances. Careful preparation can materially affect the penalty imposed.

Which court will the case be heard in?

As a summary offence, any summons for this charge will primarily be handled by the Magistrates’ Court.

Elements of the offence

The 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

What does ‘Wilfully’ Mean?
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

Legislation

Entering 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.

Defences

A person charged with this offence may rely on one of the following defences:

honest and reasonable mistake of belief
necessity
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?

Maximum penalty for section 9(1)(e) of the Summary Offences Act 1966

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 ($5,227.50 — as at 2026–27) or six months imprisonment as the highest possible sentence.

Case studies related to Entering a Place Without Authority or Lawful Excuse

Summary Jurisdiction Application for Assault Charges

Other important resources

FAQ About Entering a Place Without Authority or Lawful Excuse

What must be proven for this offence?

The prosecution must establish that a person intentionally entered a private or specified public place and that, before entering, they had been given notice prohibiting entry. Both the act of entry and the existence of notice are essential elements.

What does “notice prohibiting entry” mean?

Notice can be given verbally or in writing and must clearly communicate that entry is not permitted. This may include spoken directions, written warnings, or signage that makes it clear a person is not allowed to enter the place.

What does it mean to enter “wilfully”?

Wilful entry means the person deliberately entered the place, knowing they did not have permission or authority to be there. Accidental entry or entry based on a genuine misunderstanding may be relevant to whether this element is made out.

What kinds of places does this offence apply to?

The offence applies to private places and certain public places where access is restricted. This can include locations not open to the general public or areas where access is limited by clear conditions or restrictions.

What penalties can be imposed if someone is found guilty?

The court may impose a fine of up to 25 penalty units ($5,227.50 — as at 2026–27), a term of imprisonment of up to six months, or both, depending on the circumstances of the offence.