An offence of enter dwelling house without consent will be dealt with seriously by police and the court. However, we are here to help.
Will I go to jail for Enter Dwelling House without Consent?
The maximum penalty is 10 years imprisonment in NSW. However, if the offence occurs in circumstances of aggravation, the maximum penalty increases to 14 years.
Therefore, jail is possible. However, the court will consider a range of sentencing options. The sentence you receive will depend on the seriousness of the offence, your criminal history and your subjective circumstances.
For less serious offences, the court may consider a Community Corrections Order.
Can I avoid a criminal record for Entering a Dwelling House Without Consent?
This is a serious criminal offence. Therefore, a criminal conviction is likely.
If I defend the charge, what must be proved?
The prosecution must prove beyond reasonable doubt that you:
- Entered a building or structure,
- The structure is a dwelling, and
- Entered with the intention of committing a serious indictable offence.
Therefore, you will be found not guilty if the prosecution is unable to prove these elements.
What is a ‘serious indictable offence?’
A serious indictable offence is a criminal offence that carries a maximum penalty of 5 years or more.
What are ‘circumstances of aggravation’?
The maximum penalty will increase if the charge occurred in circumstances of aggravation. In other words:
- If you inflict actual bodily harm
- If you have a weapon
- You use corporal violence
- Being in the company of another person
- If you deprive someone of their liberty
We can help
Our lawyers are experienced in representing offenders charged with serious criminal offences. We can help you defend the charge, or negotiate with police. If you plead guilty, we are committed to ensuring you receive the best possible outcome.
Contact us today on 0421 700 497 for a free initial consultation.
