OF08 BEING FOUND ON PROPERTY Flashcards
Summary Offences Act 1981, Section 29(1)(a) or 29(1)(c)
Being Found on Property Without Reasonable Excuse
(Building/Transport)
3 months imprisonment / $2000 fine
Being Found on Property Without Reasonable Excuse
(Building/Transport) elements
Found
In OR on
Any building OR Any aircraft OR Any hovercraft OR Any ship,ferry or vessel OR Any train
OR Any vehicle
Summary Offences Act 1981, Section 29(1)(b)
Being Found on Property Without Reasonable Excuse
(Enclosed yard or area)
3 months imprisonment / $2000 fine
Being Found on Property Without Reasonable Excuse
(Enclosed yard or area) elements
Found
Without reasonable excuse
In
Any enclosed yard or other such area
Proving someone found on property
The prosecution must prove that the defendant was actually seen, discovered or
come upon at the place.
Appurtenant definition
Belonging to
Enclosed yard defenition
- 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.