Tuvalu Island Courts Bench Book - Federal Court of Australia
Tuvalu Island Courts Bench Book - Federal Court of Australia 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
• The person named in the charge is the same person who is appearing in Court; • The accused: unlawfully continued to come onto another person’s property after being warned not to; or unlawfully remained upon another person’s property after being warned to leave. Specific under s182(2): • The person named in the charge is the same person who is appearing in Court; • The accused entered another person’s house or adjoining property; • The accused had no lawful excuse for entering the house or property; • The accused entered the house or property at night. Tuvalu Island Courts Bench Book June 2004
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• The person named in the charge is the same person who is<br />
appearing in <strong>Court</strong>;<br />
• The accused:<br />
<br />
<br />
unlawfully continued to come onto another person’s<br />
property after being warned not to; or<br />
unlawfully remained upon another person’s property<br />
after being warned to leave.<br />
Specific under s182(2):<br />
• The person named in the charge is the same person who is<br />
appearing in <strong>Court</strong>;<br />
• The accused entered another person’s house or adjoining<br />
property;<br />
• The accused had no lawful excuse for entering the house or<br />
property;<br />
• The accused entered the house or property at night.<br />
<strong>Tuvalu</strong> <strong>Island</strong> <strong><strong>Court</strong>s</strong> <strong>Bench</strong> <strong>Book</strong> June 2004
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