Unlawfully on Property

Question 1

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

Answer 1

Section 29 Summary Offences Act 1981 makes it an offence to be found on another persons property.
29(1)(a) = building, 29(1)(b) = enclosed yard, 29(1)(c) = transport
Section 39(1) of the same act provides the police with a power of arrest without warrant for this offence.

Question 2

What are the elements for being found on property without reasonable excuse(building or transport)?

Answer 2

• Found
• Without reasonable excuse
• In or On
• Any Building OR Any aircraft OR Any hovercraft OR Any ship, ferry or other vessel OR Any train OR
• Any vehicle

Question 3

What proves the element of Found? (SCUD)

• To be s___
• To be c___ u___
• To be d_______

Answer 3

• To be seen
• To be come upon
• To be discovered

Question 4

Is it sufficient to simply prove that the defendant was there by way of an admission, DNA or fingerprints?

Answer 4

No, the prosecution must prove that the defendant was actually seen, discovered or come upon at the place

Question 5

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

Answer 5

• Found (to be seen, come upon or discovered)
• Without reasonable excuse
• In (physically inside of)
• Any enclosed yard or other such area (enclosed yard, garden or area, appurtenant to a building)

Question 6

What does Appurtenant mean?

Answer 6

Belonging to. In the context of the enclosed yard, the yard must belong to a building.

Question 7

If someone is found, without reasonable excuse, in a yard, but this yard does not have a building appurtenant to it, i.e a stand alone tennis court, does this count as ‘Any enclosed yard or other such area’?

Answer 7

No

Question 8

The basis of the offence unlawfully on property is for home owner/occupiers to be able to live in their own home without any uninvited interference is the reason for the yard having to be appurtenant to a building.

Answer 8

Yes

Question 9

Define ‘without reasonable excuse’

Answer 9

Without reasonable excuse (it has not been defined in law)

Question 10

Define a ‘building’

Answer 10

A building has not been defined by law and so we go with the definition in the dictionary: ‘a structure with a roof and walls, such as a house or factory.

Question 11

What are the two things to look for when determining if something is an ‘enclosed yard’?

Answer 11

1/ Whether it is an enclosed area, and
2/ that the enclosed area is appurtenant to a building

A yard needs to have defined boundaries but does not need to be fully enclosed

Question 12

What does section 29(3) of the SO Act 1981 cover in regards to being found on a property without reasonable excuse but where you do not suspect an intention to commit any other offence?

Answer 12

The constable may instead warn them to leave that place, and if refusing to do so they are liable of a fine not exceeding $500

Question 13

Define Aircraft

Answer 13

Any aeroplane, helicopter or other machine capable of flight

Question 14

Define hovercraft

Answer 14

A vehicle or craft that travels over land or water on a cushion of air propelled by a downward blast

Question 14

Define hovercraft

Answer 14

A vehicle or craft that travels over land or water on a cushion of air propelled by a downward blast

Question 15

Define Any Ship, Ferry or other vessel

Answer 15

A boat or a ship used for transporting goods or people by sea

Question 16

Define Any train

Answer 16

A series of connected railway carriages or wagons moved by a locomotive or by integral motors

Question 17

Define Any vehicle

Answer 17

A thing used for transporting goods or people, especially on land, such as a car, lorry or cart