This offence applies if a person enters or remains in a place (other than a place that is open to the public) with the intention of committing an offence involving theft, or against a person (such as assault), or against property (such as arson).

There are different penalties that may apply depending on whether the offence occurs in a non-residential building (s.169), or in a place of residence [ Criminal Law Consolidation Act 1935 s.170].

These offences are aggravated if committed in the company of others or with an offensive weapon. In a place of residence, the offence is also aggravated if another person is lawfully present and the offender knows of the other's presence or is reckless about whether anyone is in the place. The latter is the most serious of these offences.

The maximum penalties range from 10 years imprisonment [s.169(1)] to imprisonment for life [s.170(2)].

In R v Halse (unreported, SASC, Matheson, Duggan and Nylan JJ, 21 October 1997), the Supreme Court stated that at the very least, even a first offender can expect a term of imprisonment, although perhaps suspended.

A lesser offence of criminal trespass in a place of residence (if another person is lawfully present and the offender knows of the other's presence or is reckless about whether anyone is in the place) carries a penalty of 3 years imprisonment.