Please be ready with your application reference number starting with 'P'. For example P1234567
Overlapping illegitimately into another's property, area of control or jurisdiction is an offence known as Trespassing. It also includes where a person moves or acts appropriately in an area that belongs to an agency, government or the crown under ordinary jurisdiction.
The Criminal Code Act Compilation Act 1913 (WA) lists numerous offences against the State, including Trespassing. Section 70A of the Act states the actions, terms and circumstances that would constitute a trespass offence, including similar activities and attempting such offence.
If an individual is convicted in WA court for a Trespass offence, the offence will show up as a disclosable court outcome (DCO) on a national criminal background check in WA.
The section 70A of the Act describes an offence of trespass to occur if the accused person,
Without consent or reasonable excuse;
Trespassing in WA is usually treated summarily and results in minor penalties. It is an offence that incurs punishments reaching;
The court allows the accused person to argue their innocence while hearing an offence of trespass. For this reason, there are many plausible defences an accused person can decide within the court.
For this section, the following terms have particular meanings in court.
A person whose name is on the official registration or documents of the property is the owner in this case. A person is also the owner if they have lawfully received such document transfer from the previous owner.
By being a testator, or legal trustee to the ownership of the property, the person is also an owner. A person is also the owner of a property if they have the legal authority or manager of that property. This includes cases of property owned by;
This section refers to an area almost or covered through any artificial means to be "enclosed". It precludes any road, place, or property available and open to the public.
However, a person in legal charge of an enclosed land may request a person to leave their property. If the owner finds a person on their enclosed ground, they have the legal authority to request the name and address of the trespasser.
It is an offence that incurs up to $500 for refusing to provide such necessary information. Also, it is a similar punishment for any person who gives false or deceitful replies to the person's questions.
The court does not just sentence a person for the offence of Trespassing without valid evidence through descriptions in the Acts.
I. A person accused of Trespassing can argue before the court that it was not an entirely intentional/malicious act. For example, they can prove their innocence by showing there was consent. If the owner suggests an invite, it can defend the accused.
II. It was an accident
III. The accused can claim they only stumbled on the property at no fault of theirs. It includes where they are;
IV. An accused person can claim that they honestly had every reason to believe the property belonged to someone else. It also covers the case of lands adjacent to public parks and other municipalities.
V. Other defences include;
Many offences are similar to the Trespassing offences in WA. The court can, considering the circumstances and evidence, sentence a person for a different and more "suited" charge.
Section 69 of the Criminal Code Act Compilation Act 1913 (WA) describes the offence of forcible entry to land where a person;
Enters a land belonging to another, and by so doing;
It is an offence that incurs imprisonment up to 2 years and a summary conviction penalty of $6,000.
It is an offence for a person to be armed or assumed to be so in any capacity. It is an offence that incurs punishments up to 7 years imprisonment. It includes being armed in a manner likely to cause fear, apprehension or threat to another.
If the matter is decided summarily before a lower court, it incurs three years imprisonment and $36,000 in fine.
However, it can be a defence to this charge if the person can prove they have lawful circumstances to be armed in such cases.
If an individual is found guilty of a trespass offence in WA, the offence will show up as a disclosable court outcome (DCO) on the results of their police check.
Individuals can obtain a Nationally Coordinated Criminal History Check online via the Australian National Character Check - ANCC® website.
Criminal Code Act Compilation Act 1913 (WA) - https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_218_homepage.html
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