Trespass - Proving Elements

Question 1

Prove: Trespasses

Answer 1

Is on another person’s property without authority or permission

Question 2

Prove: On any place

Answer 2

At any physical address

Question 3

Prove:
After being warned to leave that place by an occupier of that place

Answer 3

Must be told to leave by the lawful occupier of that address

Question 4

Prove: Neglects or refuses to do so

Answer 4

After the warning, neglects or refuses to leave. The person must be given reasonable time to leave.

Question 5

Prove:
Being a person who has been warned under section 4 to stay off any place

Answer 5

A person who has been issued with a warning, either verbally or in writing, to stay off a property.

Question 6

Prove: Wilfully trespasses on that place

Answer 6

The offender intentionally, deliberately, without mistake, returns to the premises

Question 7

Prove: Within two years

Answer 7

Within two years after giving the giving of the warning