Trespasse Flashcards
What are the elements of trespass section 3
Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
What is the definition of trespasses
Is on another person’s property without authority or permission
What is the definition of on any place
At any physical address
What is the definition of after being warned to leave that place by an occupier of that place
Must be told to leave by the lawful occupier of that address
What is the definition of neglects or refuses
After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.
When is someone a trespasser
When a person has been warned to leave by the lawful occupier and then refuses to do so.
What is a legal defense against section 3
Their own protection
The protection of somebody else
An emergency involving their property or the property of some other person
What are the elements of section 4
Being a person who has been warned under section 4 to stay off any place
Wilfully trespasses on that place
Within two years
When can a trespass notice be given to a person
Are likely to trespass
Are tresspassing
Have trespassed
Have been convicted of trespass
What is a legal defense for section 4
The occupier whi gave the warning no longer occupies the place of concerned.
Under what section of the crimes act can you use force
Section 56
You may reasonable force to prevent any person from trespassing on the land or building or to remove them from, when lawfully assisting any person in peaceable possession of land or building. (Can not strike or do bodily harm.)
Section 9 allows you to do what
Where found trespassing that person may be required to
give name and address
If in possession of a firearm give their license
if fails or refuses to comply.
Caution the person and if person persists in the fail or refusal arrest without warrant
