trespassing

Question 1

what is the penalty for being found on another persons property

Answer 1

3 month imprisonment or $2000 fine

Question 2

what does section 29 of the Summary Offences act state

Answer 2

an offence to be found on another persons property, whether it be a building, a yard next to the building or mode of transport, without a reasonable excuse

Question 3

where does the power of arrest come from for someone being on another persons property

Answer 3

Section 39(1) of the Summary Offences act

Question 4

what are the elements for being found on property without reasonable excuse (building/transport)

Answer 4

found, without reasonable excuse, in OR on, any building OR aircraft OR hovercraft OR ship, ferry, vessel OR train, OR vehicle

Question 5

where is being found on property without reasonable excuse (building/transport) found

Answer 5

Summary Offences Act 1981, Section 29(1)(a) or 29(1)(c)

Question 6

what does found mean

Answer 6

to be seen, to be discovered, to come upon

Question 7

what does a building cover

Answer 7

a structure with a roof and walls

Question 8

where is being found on property without reasonable excuse (enclosed yard or area)

Answer 8

Summary Offences Act 1981 Section 29(1)(b)

Question 9

what are the elements for being found on property without reasonable excuse (enclosed yard or area)

Answer 9

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

Question 10

what is any enclosed yard or other such area

Answer 10

an enclosed yard, garden or area, appurtenant to a building, with defined boundaries

Question 11

what is the penalty if someone does not leave a property after being warned by a constable

Answer 11

a fine not exceeding $500

Question 12

what is the penalty if someone does not leave a property after being warned by a constable

Answer 12

a fine not exceeding $500

Question 13

what was the outcome of Police v B (1981)

Answer 13

that an area does not have to be fully enclosed, but to indicate as much that it is private property

Question 14

when does someone become a trespasser

Answer 14

after they have been warned to leave by the lawful occupier and then refuses to do so

Question 15

what act and section covers trespass after warning to leave

Answer 15

Trespass Act 1980, Section 3(1) and 11(2)(a)

Question 16

what is the penalty for trespass after warning to leave

Answer 16

3 months imprisonment or $1000 fine

Question 17

what are the elements for trespass after warning to leave

Answer 17

trespasses, on any place, after being warned to leave that place by the occupier of that place, neglects or refuses to do so

Question 18

what is trespass defined as

Answer 18

is on another persons property without authority or permission

Question 19

what is lawful occupier

Answer 19

any person in lawful occupation of that place or land and includes any employee or other person acting under the authority of any person in lawful occupation of that place or land

Question 20

what is the defence for lawful trespass without warning under section 3 of the trespass act

Answer 20

their own protection, the protection of somebody else, an emergency involving their property or the property of some other person

Question 21

what act and section is trespass after previous warnings under

Answer 21

Trespass Act 1980, Section 4(4) and 11(2)(a)

Question 22

what is the penalty for trespass after previous warnings

Answer 22

3 months imprisonment or $1000 fine

Question 23

what are the elements for trespass after previous warnings

Answer 23

being a person who has been warned under section 4 to stay off any place, wilfully trespasses on that place, within two years

Question 24

when can a trespass notice be issued to someone

Answer 24

the person; is likely to trespass, are trespassing, have trespassed, or has been convicted of trespass

Question 25

what is the legal defence for trespass after previous warnings under section 4

Answer 25

their own protection, the protection of somebody else, an emergency involving their property or the property of some other person, the occupier who gave the warning no longer occupies the place concerned

Question 26

what does section 5 state

Answer 26

warnings given pursuant to sections 3/4 may be given orally, by notice in writing served personally or by registered post

Question 27

Under section 9 of the trespass act, what can police or the occupier demand from the trespasser

Answer 27

their name and address, and if they are in possession of firearms to give their firearms licence number

Question 28

under what section can force be used to remove someone for trespassing and how much force

Answer 28

Section 56 of the Crimes act, reasonable force can be used that does not involve striking or do bodily harm