OF08: Trespass

Question 1

found on property

act, section, penalty, elements

Answer 1

SOA1981, section 29 - $2000 not exceeding 3 months
found - w/o reasonable excuse - in OR on -
(a) any building ETC
(b) any enclosed yard

Question 2

when is someone deemed a trespasser

Answer 2

any person is not considered to be ‘trespassing’ until they have been warned to leave by the lawful occupier and refuses to do so.
Therefore, being found is under SOA1981 not TA1980

Question 3

not leaving after being warned to

Answer 3

TA1980, section 3
$1000, not exceeding 3 month impris
Trespasses - any place - after being warned to leave by an occupier of that place - neglects or refuses to do so

Question 4

returning after warning

Answer 4

TA1980, section 4
$1000 not exceeding 3 months impris
being a person who has been warned under section 4 to stay off any place - wilfully trespasses on the place - within 2 years

Question 5

defences for trespassing/ being found on property

Answer 5

1. protection of oneself
2. protection of another
3. emergency involving his/her own property or that of another ie. fire
4. original occupier no longer owner