Section 419 of the Criminal Code Queensland makes it offence if:

(1) Any person who enters or is in the dwelling of another with intent to commit an indictable offence in the dwelling commits a crime.

Penalty—

Maximum penalty—14 years imprisonment.

(2) If the offender enters the dwelling by means of any break, he or she is liable to imprisonment for life.

(3) If—

(a) the offence is committed in the night; or

(b) The offender—

(i) uses or threatens to use actual violence; or

(ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or

(iii) is in company with 1 or more persons; or

(iv) damages, or threatens or attempts to damage, any property;

the offender is liable to imprisonment for life.

(4) Any person who enters or is in the dwelling of another and commits an indictable offence in the dwelling commits a crime.

Penalty—

Maximum penalty—imprisonment for life.

To prove this offence, the police must show the court beyond a reasonable doubt that the accused has entered the dwelling or premises of the complainant and that at the time the accused entered the dwelling he intended to commit an indictable offence.

There are also circumstances of aggravations, including a person who breaks any part (whether external or internal) of a dwelling or any premises, or opens by unlocking, pulling, lifting, or any other means whatsoever. That the crime was in the night (9:00 pm to 6:00 am), that the offender used or threatened the use of actual violence, that the offender was armed or even in company of another offender.

There are also many defences available to this offence, including duress, necessity, intoxication, identification issues (not the accused person), honest claim of right to be in the dwelling, the seal of the property was not broken, the persons did not enter the property and consent.

The maximum penalty for this offence is life imprisonment, depending on a number of factors and circumstances. This is why it is crucial to engage with one of our experienced lawyers.