Flashcards in Unlawful on Property Deck (11)
Define Being Found on Property
Found without reasonable excuse in or on any building, aircraft, hovercraft, ship or vessel, train, OR vehicle, OR in an enclosed yard or garden area, appurtenant to a building.
What are the elements of Found on Property
Without reasonable excuse
In or on
Any building, aircraft, hovercraft, ship, train OR vehicle OR enclosed yard.
To be seen, discovered or come upon.
Define without reasonable excuse
There is no lawful justification for a person to be there
What are the powers of arrest for this offence?
Section 39(1) Summary of Offences Act 1981, HAS GOOD CAUSE TO SUSPECT an offence is being committed against this act.
What is the procedure to dealing with a being found on property complaint?
Obtain details of the complaint
Check whether a dog is available
Approach quietly and park well away from the address to avoid alerting the offender
Cordon the address, ensure escape routes are covered
Search the grounds and building thoroughly, get dog to aswell
Interview the victim and obtain all the necessary information to support a charge, including confirmation that the offender is found
Examine the scene to gain evidence of the charge.
What is the difference between section 29(1)(a)+(c) and 29(1)(b)?
A and C are to be found in or on any building or vehicle, whereas B is to be found in an enclosed area, often appurtenant to a building.
What is the Act and section for being found on property?
Summary of Offences Act, Section 29(1)(a)+(b)+(c).
What is the penalty for being found on property?
3 month imprisonment or fine not exceeding $2,000. It is a Summary of Offences Offence (s29)
In simple terms appurtenant means belonging to. In the context of an enclosed yard or other such area the yard must belong to the building.