Posted November 10, 2013 by advocateguru in Learning Centre
 
 

Criminal Trespass

 

Essential Ingredients

the essential ingredients of criminal trespass are: (i) entry into or upon property in the possession of another; (ii) if such entry is lawful, then unlawfully remaining upon such property; (iii) such entry or unlawful remaining must be with intent: (a) too commit an offence or (b) to intimidate, insult or annoy the person in possession of the property.

Whoever Enters’

The opening words of the section is ‘whoever enters’ meaning that in order to constitute an offence under this section, there must be an actual personal entry upon property by the accused. Constructive entry, for instance, by a servant will not amount to entry within the meaning of the section.

Property’

One of the essential ingredients of this section is entry into or upon the property of another person. The section uses the general term property, hence it is wide enough to cover both movable and immovable property. The accused should enter into or upon property with the intention stated in the provision, to constitute the offence of criminal trespass.

Possession of Another’

For an offence of criminal trespass to be committed the entry into or upon the property should be in respect of a property in possession of a person other than the trespasser. The section contemplated actual possession to the exclusion of all other persons.

Intention

Entry into property of another with intention to commit an offence or intimidate, insult or annoy the person is the essence of the offence of criminal trespass. The word ‘intent’ by it etymology, seems to have metaphorical allusion to archery and implies ‘aim ‘and thus connoted not a casual or merely possible result foreseen perhaps as a not improbable incident, but not desired, but rather connotes the object for which the effort is made and thus has reference to what has been called the dominant motive, without which the action would not have been taken.


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