OF08 BEING FOUND ON PROPERTY Flashcards

1
Q

Summary Offences Act 1981, Section 29(1)(a) or 29(1)(c)

A

Being Found on Property Without Reasonable Excuse
(Building/Transport)
3 months imprisonment / $2000 fine

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2
Q

Being Found on Property Without Reasonable Excuse

(Building/Transport) elements

A

Found
In OR on
Any building OR Any aircraft OR Any hovercraft OR Any ship,ferry or vessel OR Any train
OR Any vehicle

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3
Q

Summary Offences Act 1981, Section 29(1)(b)

A

Being Found on Property Without Reasonable Excuse
(Enclosed yard or area)
3 months imprisonment / $2000 fine

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4
Q

Being Found on Property Without Reasonable Excuse

(Enclosed yard or area) elements

A

Found
Without reasonable excuse
In
Any enclosed yard or other such area

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5
Q

Proving someone found on property

A

The prosecution must prove that the defendant was actually seen, discovered or
come upon at the place.

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6
Q

Appurtenant definition

A

Belonging to

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7
Q

Enclosed yard defenition

A
  • an enclosed area and
  • that the enclosed area was appurtenant to a building

A yard needs to have defined boundaries but does not need to be fully
enclosed.

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