OF08 Being Found on Property

Question 1

What are the elements for Being Found on Property without reasonable excuse (building/transport) S29 SOA1981?

Answer 1

• Found
• without reasonable excuse
• in
  OR
  on
• any building
  OR
  any aircraft
  OR
  any hovercraft
  OR
  any ship, ferry or other vessel
  OR
  any train
  OR
  any vehicle

Question 2

What is the penalty for Being found on Property? S29 and S29(1)(b) SOA1981

Answer 2

3 months and/or $2000

Question 3

What are the elements for Being found on property without reasonable excuse (enclosed yard or area) S29(1)(b) SOA1981?

Answer 3

• found
• without reasonable excuse
• in
• any enclosed yard or other such area

Question 4

What does ‘appurtenant’ mean?

When referring to enclosed yard or other such area.

Answer 4

Belonging to. The area must belong to a building. The yard must serve the building like a backyard serves a house.

Question 5

What does ‘enclosed yard’ mean?

Answer 5

Must have boundaries, but does not need to be fully enclosed. Appurtenant to a building.

Question 6

What does ‘found’ mean? On/in property

Answer 6

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

Question 7

Can you warn someone for Being found on property without reasonable excuse?

Answer 7

Yes.
If you find a person on property without reasonable excuse, but in circumstances that do not cause you to suspect an intention to commit any other offence.