A member asked about 8 years ago

My husband walked into someone else's house and wants to hand himself in

Hi, I think my partner has entered someone elses property and house unwelcomed. He was very intoxicated and during an argument between him and I, he walked off down the road and when he came back he has told me how he weirdly walked into someones house. I got very angry and went to sleep. Next day he can not remember a thing and he has never ever done anything like this before. He wants to hand himself in and say sorry to the home owners but is scared of what would happen. Please help!

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. There are a few possibilities of what might happen if your partner reports himself to police.


If your partner entered someone else’s property without their permission, and opened any door or window to do so (even if it was unlocked), then he may have committed an offence involving “breaking and entering”. A person does not need to actually break into or damage property to be guilty of this offence. However, in New South Wales, a person will only commit a crime if they broke into or entered the property and committed another serious offence (such as assault) or intended to commit a serious offence. From the information you provided, it is not clear whether your partner intended or actually did commit a serious offence after he entered the property.


If your partner reports himself to the police, the police will have to decide whether to file a police report on the matter and start an investigation into the alleged crime. Police do not investigate everything that is reported to them. Whether the police investigate the matter will depend on how much evidence is available and whether the victim(s) (i.e. the owners of the house your partner entered) want to press charges. If the police open an investigation, they will most likely take witness statements from your partner, you, the owners of the house and any other person who witnessed the incident. If the police have enough evidence against your partner, they may decide to prosecute the matter and charge him with a criminal offence. A court will then decide the matter.


Regardless of whether the police investigate the incident, the owners of the house may decide to commence civil (not criminal) legal proceedings against your partner for trespassing. Trespass occurs when a person enters another’s land or property without permission. Again, there is no guarantee that the owners of the house will take legal action and, in fact, a trespass claim would be expensive and very difficult to prove without evidence. If the owners decide to commence legal proceedings in court and they win, your partner may be liable to pay compensation to the owners, depending on how much harm they have suffered.


Suggested way forward

The likelihood of your partner being charged with a criminal offence or being sued for trespass by the owners of the house is very low. However, your partner would benefit from speaking to a lawyer who can fully assess his situation and advise him of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 8 years ago   Legal disclaimer

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