Tuvalu Island Courts Bench Book - Federal Court of Australia

Criminal trespass
Section s182 Penal Code (Cap 8)
Description
Every person is guilty of an offence, who:
(1)(a) enters another person’s property with intent to commit an
offence, or intimidate or annoy that person; or
(1)(b) having lawfully entered another person’s property,
unlawfully remains there with intent to intimidate, assault or
annoy that person, or commit an offence; or
(1)(c) unlawfully persists in coming or remaining upon another
person’s property after being warned not to come on, or to
leave; or
(2) enters another person’s house or adjoining property, without
lawful excuse at night.
Elements
Specific under s182(1)(a):
• The person named in the charge is the same person who is
appearing in Court;
• The accused entered another person’s property;
• The accused did this with the intention of:
committing an offence; or
intimidating or annoying the other person.
Specific under s182(1)(b):
• The person named in the charge is the same person who is
appearing in Court;
• The accused lawfully entered another person’s property;
• The accused unlawfully stayed there with the intention of:
committing an offence; or
intimidating, assaulting or annoying the other person.
Specific under s182(1)(c):
Tuvalu Island Courts Bench Book June 2004