sections and elements of offences

Question 1

What elements are needed to prove Trespass after warning to leave?
( Trespass Act 1980 section 3 (1)(a) )

Answer 1

• Trespasses
• on any place
• after being warned to leave that place by any occupier of that place
• neglects or refuses to do so

Question 2

What elements are needed to prove Trespass after previous warnings?
( Trespass Act 1980 section 4 (4) & 11 (2)(a) )

Answer 2

• Being a person who has been warned under section 4 to stay off any place
• wilfully trespasses on that place
• within two years

Question 3

What elements are needed to prove Being found on property without reasonable excuse (Building or transport) Summary Offences Act 1981 section 29 (1)(a) or 29 (1)(c)

Answer 3

• Found
• without reasonable excuse
• in OR on
• any building, aircraft, hovercraft, ship, ferry or other vessel, train, vehicle

Question 4

What elements are needed to prove Being found on property without reasonable excuse (enclosed yard or area) Summary Offences Act 1981 section 29 (1)(b)

Answer 4

• found
• without reasonable excuse
• in
• any enclosed yard or other such area

Question 5

What elements are needed to prove Resisting police? Summary offences act 1981 section 23 (a)

Answer 5

• Resists OR Incites or encourages any other person to resist
• any constable or authorized officer or traffic officer acting in the execution of their duty

Question 6

What elements are needed to prove obstruction (Resisting police) Summary offences act 1981 section 23 (a)

Answer 6

• intentionally obstructs OR incites or encourages any other person to obstruct
• any constable or authorized officer or prison officer or traffic officer acting in the execution of their duty.