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The High Court upheld the dismissal of a criminal trespass conviction because the dispute turned on ownership of the land, which should be determined civilly.
The conviction was quashed because it was based on inadmissible hearsay evidence and the underlying land ownership dispute was still pending in a civil court, making criminal proceedings inappropriate.
Source excerpt
Criminal proceedings for trespass are inappropriate where ownership of the disputed land is unresolved; such disputes must first be determined by a civil court before criminal liability can attach.
Source excerpt
The High Court allowed a criminal appeal over disputed land, holding that a bona fide claim of right defeats criminal trespass and ownership must be decided civilly.
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