Session 22 Elements Of Unlawfully On Premises

Question 1

Q1. What is Unlawfully on Premises under section 20 of the SOA?

Answer 1

Ans: A person without lawful excuse is in, on, or adjacent to a premises.

Question 2

Q2. What does “Without lawful excuse mean?”

Answer 2

Ans: Having no right or good reason to be there.

Question 3

Q3. What are the elements of Unlawfully on Premises?

Answer 3

Ans:
🫴 The defendant was
1. In premises or
2. On Premises or
3. Had no lawful excuse for being there.

Question 4

Q4. What are the elements of Loitering with intent to commit Indictable Offence under section 19 of the Summary offences Act?

Answer 4

Ans:
🫴 Elements (1)
1. The defendant loitered
2. The loitering was in or near a public place
3. He loitered there in order to commit and Indictable Offence.

🫴 Elements (2)
1. The defendant frequented a place,
2. The place frequented was a public place
3. He frequented the place in order to commit an Indictable Offence.

Question 5

Q5. What are the elements of offence for Persons found armed with intent to commit Crime under Section 402 (1)(f) CCA?

Answer 5

Ans:
1. On the date stated
2. At the place within Papua New Guinea
3. The defendant
4. Was found
5. In any building whatever
6. In the night time
7. With intent to commit a crime therin

Question 6

Q6. What does the term found mean?

Answer 6

Ans: Means that the person must have been actually seen or discovered in or leaving the building.