Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 419

419 Burglary

(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.

(5) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section.

(6) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.