When a person steps onto an inclosed land without lawful excuse (proof of which lies on the person) without consent of the owner, occupier, or person in charge of the land, or who dwells on the lands, can be fined for Unlawful Entry on Inclosed Land.
Some examples are:
• Climbing onto someone’s balcony;
• Remaining in a place such as a hospital, school or business after you’ve been asked to leave; and
• Opening a closed gate and walking up to the front door of a house to drop off a pamphlet which has a sign stating, “No Trespassers”.
The offence of Unlawful Entry on Inclosed Lands is contained in Section 4 of the Inclosed Lands Protection Act 1901 (NSW) which states:
“Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands”.
Unlawful Entry on Inclosed Land can be punished with a fine of;
1 penalty unit is currently set at $110.00
As Unlawful Entry on Inclosed Land is a criminal offence, the burden of proof lies on the prosecution. The prosecution must prove each of the following matters beyond a reasonable doubt:
Some defences against the charge of Unlawful Entry on Inclosed Lands, can include:
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