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SUMMARY OFFENCES ACT 1966 – SECT 9 Wilful destruction, damage etc. of property (1) Any person who— (d) wilfully trespasses in any public place other than a Scheduled public place and neglects or refuses to leave that place after being warned to do so by the owner occupier or Read More …
New South Wales v Ibbett [2006] HCA 57 involved particularly objectionable behaviour by two police officers who decided to go in “hot pursuit” of Warren Ibbett (who had previously served time for drug-related offences.) The officers saw Warren driving but had no other reason to suppose he was in possession of drugs. Nevertheless they pursued him at high Read More …
During the COVID-19 pandemic on the 24 August 2021 police attended a NSW property based information received at Lismore Police Station which suggested that the owner might be seeking to have pamphlets printed in relation to organising a public gathering or protest on 31 August 2021. Police were concerned that if a public gathering or protest Read More …
What is the Offence of Trespassing in Victoria? Section 9(1)(e) of the Summary Offences Act 1966 (Vic) makes it a crime for a person to enter a private place without the owner or occupier’s consent or for a legitimate purpose. Going into a scheduled public place without permission is also an offence. Such public areas Read More …
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person’s abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up Read More …
Existing common law causes of action There are a number of existing causes of action at common law which can, in some cases, be used to protect privacy or have the effect of protecting personal privacy. These causes of action protect against physical intrusions upon, and surveillance of, a person and against unauthorised disclosure of private Read More …
Imagine being woken up in the middle of the night by two people yelling at each other from inside your property. A NSW woman awoke at 2am to find her son and a stranger yelling in her garage. Her son told the man to leave, and when Mrs Ibbett arrived in the garage, she did Read More …
It is necessary to give some consideration at the outset to the common law concept of trespass to land. At common law, trespass to land “is committed by directly and intentionally … entering or remaining upon or causing some object to come into contact with land in the possession of another, without the consent of Read More …
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