trespassing Flashcards
what is the penalty for being found on another persons property
3 month imprisonment or $2000 fine
what does section 29 of the Summary Offences act state
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
where does the power of arrest come from for someone being on another persons property
Section 39(1) of the Summary Offences act
what are the elements for being found on property without reasonable excuse (building/transport)
found, without reasonable excuse, in OR on, any building OR aircraft OR hovercraft OR ship, ferry, vessel OR train, OR vehicle
where is being found on property without reasonable excuse (building/transport) found
Summary Offences Act 1981, Section 29(1)(a) or 29(1)(c)
what does found mean
to be seen, to be discovered, to come upon
what does a building cover
a structure with a roof and walls
where is being found on property without reasonable excuse (enclosed yard or area)
Summary Offences Act 1981 Section 29(1)(b)
what are the elements for being found on property without reasonable excuse (enclosed yard or area)
found, without reasonable excuse, in, any enclosed yard or other such area
what is any enclosed yard or other such area
an enclosed yard, garden or area, appurtenant to a building, with defined boundaries
what is the penalty if someone does not leave a property after being warned by a constable
a fine not exceeding $500
what is the penalty if someone does not leave a property after being warned by a constable
a fine not exceeding $500
what was the outcome of Police v B (1981)
that an area does not have to be fully enclosed, but to indicate as much that it is private property
when does someone become a trespasser
after they have been warned to leave by the lawful occupier and then refuses to do so
what act and section covers trespass after warning to leave
Trespass Act 1980, Section 3(1) and 11(2)(a)
what is the penalty for trespass after warning to leave
3 months imprisonment or $1000 fine
what are the elements for trespass after warning to leave
trespasses, on any place, after being warned to leave that place by the occupier of that place, neglects or refuses to do so
what is trespass defined as
is on another persons property without authority or permission
what is lawful occupier
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
what is the defence for lawful trespass without warning under section 3 of the trespass act
their own protection, the protection of somebody else, an emergency involving their property or the property of some other person
what act and section is trespass after previous warnings under
Trespass Act 1980, Section 4(4) and 11(2)(a)
what is the penalty for trespass after previous warnings
3 months imprisonment or $1000 fine
what are the elements for trespass after previous warnings
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 issued to someone
the person; is likely to trespass, are trespassing, have trespassed, or has been convicted of trespass
what is the legal defence for trespass after previous warnings under section 4
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
what does section 5 state
warnings given pursuant to sections 3/4 may be given orally, by notice in writing served personally or by registered post
Under section 9 of the trespass act, what can police or the occupier demand from the trespasser
their name and address, and if they are in possession of firearms to give their firearms licence number
under what section can force be used to remove someone for trespassing and how much force
Section 56 of the Crimes act, reasonable force can be used that does not involve striking or do bodily harm
