0F08 - TRESPASS & UNLAWFULLY ON PROP Flashcards
Where is ‘Being Found on Property Without Reasonable Excuse’ in legislation?
Summary Offences Act 1981, Section 29
What is the offence ‘Being Found on Property Without Reasonable Excuse’?
It is an offence to be found on another persons property, whether it be a building, a yard next to the building or mode of transport, without reasonable excuse.
What is the penalty for ‘Being Found on Property Without Reasonable Excuse’?
3 months imprisonment or $2,000 fine.
What is the time restriction for this offence?
Committed day or night. NO TIME RESTRICTION
What are the elements for ‘Being Found on Property Without Reasonable Excuse (Building/Transport) ?
- Found
- Without reasonable excuse
- In
OR - On
- Any building
OR - Any aircraft
OR - Any hovercraft
0R - Any ship, ferry or other vessel
OR - Any train
OR - Any vehicle
What are the elements for ‘Being Found on Property Without Reasonable Excuse’ (Enclosed yard or area)?
- Found
- Without reasonable excuse
- In
- Any enclosed yard or other such area
What does FOUND mean in the elements?
It must be proved that the defendant was actually seen, discovered, or come upon at the place. It is not sufficient to prove by fingerprints, DNA, or an admission.
What does APPURTENANT mean?
Means belonging to. In the context on the enclosed yard, it must belong to a building. A park or paddock is not a enclosed yard to such place.
If a constable gives a person a warning for Being Found on Property and refuses or fails to do so, what is the penalty?
Fine not exceeding $500.
What is an ENCLOSED YARD?
An enclosed area that the enclosed area was appurtenant to a building. A yard needs to have defined boundaries but not fully enclosed.
What are the elements for ‘Trespass after warning to leave’ section 3?
- Trespasses
- On any place
- After being warned to leave that place by an occupier of that place
- Neglects or refuses to do so
When is a person not a trespasser?
A person is not a trespasser until he or she has been warned to leave by the lawful occupier and then refuses to do so.
What is a LAWFUL OCCUPIER?
A person in lawful occupation of that place or land and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land.
What are the LEGAL DEFENCE for Trespassing in Section 3?
- Their own protection
- The protection of somebody else
- An emergency involving their property or the property of some other person
What are the elements for ‘Trespass after Previous Warning’ section 4?
- Being a person who has been warned under Section 4 to stay off any place
- Wilfully trespasses on that place
- Within two years
What is the penalty for ‘Trespass after Previous warnings’, and where can it be found legislation?
3 months imprisonment / $1,000 fine.
Trespass Act 1980, Section 4 & 11
When can a trespass notice be given to a person?
- Are likely to trespass
- Are trespassing
- Have trespassed
- Have been convicted of trespass
How/ where can you use force in trespassing?
Crimes Act 1961 Section 56, you may use reasonable force to prevent any person from trespassing on land or building, or to remove them from, when lawfully assisting any person in peaceable possession of such land or building.
What information can be demanded from a lawful occupier / police seeking to issue a trespass notice?
- Give them their name and address and firearms license no.
- Failure or refusal, police may caution or arrest without warrant.
- Offences are created of failing or refusing to comply with requirements, giving false details, and giving particulars that are insufficiently precise.
Public entertainment
Police frequently remove from various public entertainment which people have paid a fee to be admitted.
If someone was to create disturbance, they could be dealt with by Summary Offences Act 1981, Section 37 (disturbing meetings) and behaving in a disorderly manner under SOA, Section 4.
Public meetings
A public meeting convened for any purpose in a hall or restricted area - such as a political meeting - is merely an invitation to the public. Any person who is ordered to leave by the chairperson must do so or be treated as a trespasser.
What are the LEGAL DEFENCE for Trespassing in Section 3?
- Their own protection
- The protection of somebody else
- An emergency involving their property or the property of some other person
- Their own protection
- The protection of somebody else
- An emergency involving their property or the property of some other person
