Thread: Poaching, let's get this straight

Originally Posted by Savage1

Well I'm not sure how I managed to charge a teenager last month for Aggravated Burglary if it doesn't exist?! I guess he pleaded guilty to a charge that doesn't exist.

Burglary includes entering ships and enclosed yards, I would argue that a paddock with deer fencing around it is an enclosed yard.

Offenders aren't charged with two offences such as theft and burglary if they broke into a house and stole a TV, I don't know where you got that from but it's incorrect.

You can commit burglary on land, I've charged a person for it because he stole items from a fenced back yard.

Illegal access is an offence, it's called 'Unlawfully on Property' under the Summary Offences Act. Trespass is for when a warning has been issued in the past two years.

You need to make sure you know what you're talking about before accusing others of being wrong. Keep up the research but seek a little guidance on some of these things, from my small amount of experience I've learn't the law can be quite tricky to interpret.

Your a patronising wee chap aren't you... did you miss my retraction re Agg burglary the very next post...

Did you miss also "You cannot commit burglary without a building...(or in some case law, other established structures)".... the point is that you need structure and it doesn't extend to farm paddocks in case law at this point as you should well know.

So an offender only gets charged with burglary if he breaks and enters and then assaults someone.. ?? I know this because I have arrested and charged people for exactly that. Often times and extra charge of theft is not used, but it depends on the circumstances.... The second offence helps to establish the evidence of intent for the first charge of burglary.... yes it is possible to charge someone with burglary without a second offence if you can establish to the court that the intent was there, but it is harder to do.... consider the drunk wanting somewhere to sleep... no intent - not burglary.. intentional damage ... unlawfully on property possibly...

There is no offence of Illegal Access, yes there is an offence of being Unlawfully on Property... what is your point...?


I think you need to keep up your research, and seek a little guidance cause the law is a bit tricky you know....