Definitions Flashcards
Intentionally
A deliberate or reckless act without lawful justification, excuse or claim of right.
Recklessly
Where the possible consequences are foreseen but continues the act regardless of the risk.
Property
Something that belongs to another person and is capable of being damaged.
Damages
Temporary or permanent reduction in the value and/or usefulness of the property
Any tree or vegetation
Any growing plant
Sets fire to
Damages through use of fire
Trespasses
Is on another person’s property without authority or permission
On any place
At any physical address
After being warned to leave that place by an occupier of that place
Must be told to leave by the lawful occupier of that address
Neglects or refuses to do so
After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.
Being a person who has been warned under section 4 to stay off any place
A person who has been issued with a warning, either verbally or in writing, to stay off a property
Wilfully trespasses on that place
The offender intentionally, deliberately, without mistake, returns to the premises
Within two years
Trespass act section 4(4)
Within two years after the giving of the warning
Lawful occupier
Any 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
Public place
- A place that at any material time
- is open to OR being used by the public
- Whether free or on payment of a charge
- And whether any owner or occupier or occupier of the place is lawfully entitled to exclude or eject that person from that place
- And includes any aircraft, hovercraft, ship, ferry, other vessel, train, vehicle
- that is carrying or available to carry passengers for reward
- and includes the interior of any vehicle which is in a public place
