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I am new to this thing and I am trying to figure out what will happen if I am caught trespassing. I am trying to understand the format and just basically everything.
(This is what I am talking about)
Trespass an offense
2 (1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on-premises when entry is prohibited under this Act, or
(ii) engages in an activity on-premises when the activity is prohibited under this Act; or
What is does the (1) mean and the (a). Basically, how do you read this and the things in brackets?
Ghost
He/Him | |
Basically if you're on a property that you don't own and you don't have permission, you're committing trespassing- and if whether or not you have permission is disputed between you and the property owner, you're the one who has to prove you had permission, instead of them proving you didn't.
"Sorry, I didn't know I'm not supposed to be here," he said, knowing full well he wasn't supposed to be there.
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step 1: dont
Young Moolah Baby | |
Posted by Aran
Basically if you're on a property that you don't own and you don't have permission, you're committing trespassing- and if whether or not you have permission is disputed between you and the property owner, you're the one who has to prove you had permission, instead of them proving you didn't.
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I'm getting a different interpretation. I feel like it's saying you have to know you're not supposed to be there.
(i) enters on-premises when entry is prohibited under this Act
So, the bold part implies you're crossing some sort of barrier, no? I.e. a gate, fence, no trespassing sign, purple posts, etc....
I don't think they can enforce this on truly abandoned property, or say, if you were in a legal forest land and just happened to end up somewhere you're not supposed to be. So, it's not so much that you need explicit permission but moreso you need to ignore being told not to.
https://www.flickr...62837453@N07/sets/
http://www.tfpnj.blogspot.com |
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