Property Offences
The definition of ‘property’ in Property Offences is far-reaching. It includes real and personal property, money, valuable securities, debts, and legacies. It also includes the deeds, titles and other evidence demonstrating the right to property, or giving a right to recover or receive money or goods.
Property offences where the damage is greater than $5,000 are heard in the District Court. Where the damage is less than $5,000, the matter will generally be heard in the Local Court.
If a property offence is committed with the intention of committing a more serious offence, the penalties can be severe and include sentences of up to 25 years in prison. Nott and Co Lawyers understand the complexities of Australia’s property offence laws and will help you navigate and robustly defend charges of break and enter, malicious damage and more.
<< Swipe table below left to right to read >>
| Offence | Maximum Penalty |
|---|---|
| Break out of a dwelling after committing, or enter with intent to commit, an indictable offence. | 14 years prison. |
| Break, enter and assault with intent to murder. | 25 years prison. |
| Enter a dwelling house with intent to commit a serious indictable offence. | 10 years prison. |
| Break, enter and commit a serious indictable offence. | 14 years prison. |
| Break and enter with intent to commit a serious indictable offence. | 10 years prison. |
| Being armed with intent to commit an indictable offence. | 7 years prison. |
| Being a convicted offender armed with intent to commit an indictable offence. | 10 years prison. |
| Intentionally or recklessly destroy property (malicious damage). | 12 months prison or a fine of $5,500 (where the value of the property is $2,000-$5,000).
2 years prison (where the value of the property exceeds $5,000). |
| Unlawful entry on inclosed land. | Up to $1,100 if the land is a prescribed premises (for example, a school, nursing home, hospital); up to $550 for any other inclosed lands. |
Defences
- Where you were suffering from a mental illness at the time of the offence (mental illness)
- Where your conduct was necessary to prevent serious injury or danger (necessity)
- Where someone threatened or coerced you into committing fraud (duress)
Defence Of Human Trafficking Charges
Full time imprisonment is an option open to the Courts, so the charge of Human Trafficking is a serious one. Nott and Co Lawyers will defend your rights if charged. Our experts can negotiate with police, seek to have facts amended, run a dispute facts hearing if required and provide you with a robust defence if you wish to plea not guilty.
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Information contained on this website is general only and should not be construed as legal advice or relied upon in the conduct of your matter. Advice specific to your legal circumstances should be obtained from a practicing legal professional.