Trespass

Example:

Billie goes to the White Swan Pub one Friday night after work. Billie meets up with a group of mates from work and the group order jugs of tequila. Billie quickly becomes intoxicated and begins shouting expletives to the dismay of the people around her. At one point she gets aggressive towards a young woman who was wearing the same top as she was. Roger the Publican asks Billie to leave the White Swan Pub because of her behaviour. Billie refuses to leave and instead pushes Roger away and continues drinking. Roger subsequently calls the Police, and shortly after the Police arrive and arrest Billie for trespass.

Offence:
Trespass – section 3 of the Trespass Act 1980

Every person commits an offence who trespasses on any place and, after being warned to leave that place by an occupier of that place, neglects or refuses to do so.

Penalty:
There is a maximum penalty of a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months.

Likely sentence:
Billie is likely to get a fine of $150 and court costs of $130.

Special notes:
There is a special defence to a trespass charge – the defendant must prove that it was necessary for them to remain in or on the place concerned for their own protection or the protection of some other person, or because of some emergency involving their property or the property of some other person. If you have been served with a trespass notice to stay away from somewhere and you are found on that property, you will be charged with trespass.