Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 419
(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.
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.
(a) the offence is committed in the night; or
(b) the offender—
the offender is liable to imprisonment
(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;
(iii) is in company with 1 or more persons; or
(iv) damages, or threatens
or attempts to damage, any property;
(4) Any person who enters or is in the dwelling of another and
commits an indictable offence in the dwelling commits a crime.
Maximum penalty—imprisonment for life.
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.
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