Our client, Barry*, was a fly-in fly-out worker who narrowly avoided a criminal record after a night of intoxication led to several charges. His charges included unlawful entry on enclosed lands, common assault, and intimidating police in the execution of duty. O’Brien Criminal & Civil Solicitors successfully defended the client, securing a non-conviction despite the seriousness of the offences.

Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281. We can also set up a free appointment with the civil lawyers in our Sydney office.

Summary of criminal charges 

Our client in Sydney faced several criminal charges, including:

1. Sequence 1 – Unlawful entry on enclosed lands
2. Sequence 2 – Remain on enclosed lands
3. Sequence 3 – Common assault
4. Sequence 4 – offensive conduct whilst on enclosed lands
5. Sequence 5 – Use/possess or attempt/threaten to use an offensive weapon with intent to commit an indictable offence
6. Intimidate police in the execution of duty.

Unlawful entry on enclosed lands, common assault, and intimidating police criminal charges

Barry, a FIFO worker returning from a long stint away, went out drinking and ended up unlawfully entering an area he was not supposed to be in. There, he behaved erratically. Police were called, and Barry was tasered and arrested.

He faced charges including unlawful entry on enclosed lands, remaining on enclosed lands without permission, common assault, offensive conduct, and intimidating police in the execution of duty under section 60(1) of the Crimes Act 1900 (NSW). With our legal team’s representation, Barry received a Conditional Release Order (CRO) without conviction.

Read our other Criminal Case Studies. 

Detailed overview of unlawful entry 

Barry had returned from working overseas and was out socialising at a pub where he consumed a significant amount of alcohol. After leaving the venue, he unlawfully entered a nearby private residence*. Once inside, he exhibited aggressive behaviour. When the owners requested that he leave, Barry refused.

Police were called to the scene and attempted to manage the situation. Barry escalated the incident, leading to his arrest via taser. He awoke the next morning with no recollection of the previous night’s events.

He was charged with unlawful entry on enclosed lands, remaining on enclosed lands, common assault, offensive conduct whilst on enclosed lands, and intimidating police in the execution of duty. A more serious charge, use or threaten to use an offensive weapon with intent to commit an indictable offence, was later withdrawn after successful legal representations.

O’Brien Criminal & Civil Solicitors immediately assisted Barry with a bail application, which was successful. As the matter progressed, Barry entered early guilty pleas to several charges, demonstrating remorse and willingness to take responsibility. He also provided extensive documentation, including blood test results and evidence of health and counselling support post-incident.

Sydney lawyers for unlawful entry

Despite the seriousness of the charges, including intimidating police in the execution of duty, Barry was sentenced to a Conditional Release Order without a conviction being recorded. The court took into account his personal circumstances, remorse, and steps toward rehabilitation.

Need a criminal lawyer in NSW?

Facing criminal charges such as unlawful entry on enclosed lands, common assault, or intimidating police in the execution of duty can have serious consequences. With the right legal representation, outcomes can be significantly improved, even in challenging circumstances.

Contact us today for a confidential consultation and take the first step towards resolution. 

📞 Call (02) 9261 4281

📧 Email 

💬 Or enquire online for a confidential consultation.

*We always change details in our case studies to protect our client’s privacy.