Entering a Place Without Authority or Lawful Excuse
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A person will be charged with being on premises unlawfully if they enter a private or scheduled public place without authority or permission to do so. It could be that the person may have climbed a fence or gone into an area that they know is not for the public. Another example of being on a premise unlawfully is if a person entered a place when there was a sign saying not to.

Sentencing
Sentencing in the higher courts of VictoriaSentencing in the Magistrates’ Courts of Victoria
[1] Sentencing Advisory Council. Abolished Sentencing Orders, accessed February 9, 2021, https://www.sentencingcouncil.vic.gov.au/about-sentencing/abolished-sentencing-orders.
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
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.2
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.[2] Anderson v Winther.
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?
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.