Police v Thaler [2022] NSWLC 10

Police v Thaler [2022] NSWLC 10

The court found that entry to the site was restricted by signage which constituted an implied denial of entry to unauthorised persons. As the defendant did not establish he was an authorised person, in absence of evidence of consent or lawful excuse, his entry was prima facie unlawful under s 4(1) of the Inclosed Lands Protection Act 1901 (NSW).

Jurisdiction
Australia
Judgment Date
23 June 2022
Procedural Posture
Criminal / Prima Facie Ruling
Outcome
Prima facie case found against defendant
Legal Topics
['trespass' 'unlawful Entry' 'inclosed Land' 'consent' "defendant's Onus of Proof"]
['criminal Law'] ['trespass' 'unlawful Entry' 'inclosed Land' 'consent' "defendant's Onus of Proof"]

Case Brief

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Procedural Posture

Criminal / Prima Facie Ruling

Legal Issues

  1. 1 ['Whether the defendant entered inclosed lands without consent' 'Onus of proof regarding lawful excuse for entry' "Effect of signage denying entry on owner's consent"]

Ratio Decidendi

The court found that entry to the site was restricted by signage which constituted an implied denial of entry to unauthorised persons. As the defendant did not establish he was an authorised person, in absence of evidence of consent or lawful excuse, his entry was prima facie unlawful under s 4(1) of the Inclosed Lands Protection Act 1901 (NSW).

Court Disposition

Prima facie case found against defendant

Orders

  • []