JUST 2030 Lecture Notes - Lecture 3: Reverse Onus
Definitions
OCCUPIER
•
Includes a person who is in physical possession of the premises
-
OR A person who has responsibility for the premises including activities carried
on there AND control over the persons allowed entry into the premises.
PREMISES
•
Includes almost any kind of property or land and includes vehicles, trailers and
portable structures. Also includes trains, rail cars and aircraft-except while in
operation.
-
OFFENCES
•
Every person who is not acting under a right or authority conferred by law and
who,
-
Without the express permission of the occupier, the proof of which rests on the
defendant (here is the reverse onus)
Enters on a premises when entry is prohibited under the act, or
i)
Engages in an activity on premises when the activity is prohibited under
this act; or
ii)
A)
Does not leave the premises immediately after he or she is directed to do so by
the occupier of the premises or a person authorized by the occupier (must leave
immediately).
B)
NOTICE
•
Notice of prohibited activity may be given
-
Orally or in writing
A)
By means of posted signs that are clearly visible
B)
By means of a marking system
C)
ARREST
•
A police officer or occupier of premises or person authorized by occupier may
arrest without a warrant any person he believes to be in contravention of the
act.
-
ARREST WITHOUT WARRANT OFF THE PREMISES
•
Points to prove:
Police officer has
1.
Reasonable and probable grounds to believe
2.
Person has contravened the act and has made a fresh departure from the
premises
3.
Fails to identify themselves or officer believes identity is false.4.
May arrest -without a warrant.
-
TRESPASS INVOLVING MOTOR VEHICLE
•
Where an offence is committed under this act by means of a motor vehicle
[under HTA -SEC.1 (1)]
-
The driver of the motor vehicle is liable to the fine.1.
The owner of the motor vehicle is liable to the fine if no driver is convicted of
an offence (Ex. motor vehicle abandoned on private lot).
2.
Owner is not liable if the motor vehicle is in possession of a person without the
owners consent.
-
Limitation of Action
No proceedings shall be commenced more than 6 months after the offence was
committed.
-
W3 (TPA) Trespass to Property Act
Wednesday,) January)24,)2018
12:06)PM
Document Summary
Includes a person who is in physical possession of the premises. Or a person who has responsibility for the premises including activities carried on there and control over the persons allowed entry into the premises. Includes almost any kind of property or land and includes vehicles, trailers and portable structures. Also includes trains, rail cars and aircraft- except while in operation. Every person who is not acting under a right or authority conferred by law and who, Without the express permission of the occupier, the proof of which rests on the defendant (here is the reverse onus) i) ii) Enters on a premises when entry is prohibited under the act, or. Engages in an activity on premises when the activity is prohibited under this act; or. Does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier (must leave immediately).
