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TRESPASS (LAND (Defences (Licence, Justification by law, Effecting an…
TRESPASS
LAND
Continuing
Holmes v Wilson & Ors.
Defences
Licence
Justification by law
Effecting an arrest
Exercising the power of arrest
Mistaken / negligent entry
Ground
Bulli Coal Mining Co v Osborne
Remedies
Re-entry onto land / self help
Action for recovery of land
Airspace
Kelsen v Imperial Tobacco Co.
A person directly enters upon another's land
PERSON
Battery
Mental state of the defendant (Scott v Shepherd)
The defendant's act was under his control (Gibbons v Pepper)
Contact (Cole v Turner)
Without the plaintiff's consent (Tiong Pik Hiong v Wong Siew Gieu)
False Imprisonment
Mental state of the defendant
Restraint must be a direct consequence of the defendant's act (Harnett v Bond)
The restraint must be complete (Bird v Jones)
Knowledge of the plaintiff (Meering v Grahame)
Assault
Reasonable fear of harm (R v George)
Ability to carry out the threat (Stephen v Myers)
Mental state of the defendant (Tuberville v Savage)
The threat must be immediate force
Defences
Lawful arrest
Self defence
Consent
Lawful arrest
Lawful detention