ADLA Quicklinks


Offence

Begin Search
ADLA member for - WA

Written by
Darryl Ryan
Principal


Email your enquiry Make an appointment
Call 08 9420 7115
Public Order Offences - WA
Welcome to the WA Trespass article page. Everything you need to know about Trespass according to WA law - Dated: 30/11/2011

What the Law States according to WA Law for Trespass

According to WA Law for the charge of Trespass ,

Section 70A: A person who, without lawful excuse, trespasses on a place, is guilty of an offence.

“Trespass” on a place is defined in the Criminal Code to mean -

(1) To enter or be in the place without the consent or licence of the owner, occupier or person having control or management of the premises.
(2) To remain in the place after being requested by a person in authority to leave the place; or
(3) To remain in the part of the place after being requested by a person in authority to leave that part of the place.

The Maximum Penalty - Trespass

According to WA Law for the charge of Trespass ,

The maximum penalty is 12 months imprisonment and a fine of $12,000.

What the Police must prove according to WA Law for Trespass

(1) That the person trespassed on a place;
(2) That the person did not have consent to be in that place; or
(3) That the person had been asked to leave the premises by a person in authority.

If the accused person claims that they had a lawful excuse to be or remain on the premises, the accused person has the onus of proving that they had a lawful excuse.

Possible Defences under WA Law - Trespass

(a) There was consent;
(b) A person in authority had not asked the person to leave the premises;
(c) There was a lawful excuse to be there;
(d) Accident;
(e) Emergency;
(f) Insanity;
(g) Honest claim of right;
(h) Mistake of fact (but mistake of law is not a defence); and
(i) Identification (ie. The person accused is not the person who trespassed).

In WA which court will hear the matter - Trespass

The matter would be heard in the Magistrate’s Court.

Call ADLA on 1300 331 331