You are not logged in.

  • Register to access all forum features  

#751

BigWave
Member
From: Melbourne
Joined: 19 January 2016
Posts: 3,556
Member
08 November 2019 06:39 pm

5/10. Should have guessed better!


GPX-4500 & Direction Finding Daughter

1 user likes this post: 7.62marksman

#752

Manpa
Member
From: Sheidow Park, SA
Joined: 06 January 2018
Posts: 2,601
Member
08 November 2019 07:51 pm

just starting wrote:

https://www.prospectingaustralia.com.au … 8_quiz.jpg

Number 2 doesn`t make sense.

I challenge the quizmaster on this one.

When the quiz is over ,someone can explain to me why any of the options are correct and i will tell you which one i picked.

There are a couple which are dubious .


One of these days Ma!

3 users like this post: 7.62marksman, just starting, RM Outback

#753

7.62marksman
Member
From: Nowra, NSW
Joined: 26 July 2016
Posts: 6,999
Member
08 November 2019 08:15 pm

This is about as much as i can find out

intentional
As for the intent element, technically the person must intend to be on the land that they are on. But, in keeping with the hair-splitting often found in the nooks and crannies of the law, this does not mean the person must know that they are trespassing. To illustrate this point, imagine walking along a road, out in the country, that is bordered by a large field, which you are unsure whether it is private property or public land. In a simple example, the law draws a distinction between deciding to cut across the property (trespassing), and say accidentally meandering off the road in darkness (no trespassing).
But, lack of intent is not a complete bar to prosecution — negligent acts that lead to entry can be prosecuted as well. So, if instead of walking along the road at night, you were driving along at an excessive speed and accidentally left the road and entered the property, trespassing would likely be found.
Trespassing should be contrasted with nuisance, which protects the quiet enjoyment of land. The major differences between the two torts are that nuisance claims need to show both damages and that the invasion was unreasonable — elements noticeably lacking in trespassing.
breaking and entering
Traditionally, burglary required a person to break into and enter another person’s dwelling place, such as a house or apartment, at night with the intent to commit a felony once inside. For example, if John Doe broke into his neighbor’s house at night with the intent to steal all of his neighbor’s gold jewelry, he would be guilty of burglary. In order for burglary to occur, the breaking and entering must be done using some type of force. The force can be as negligible as opening a door or as substantial as breaking down a door with an axe. Some jurisdictions consider threats or coercion sufficient enough to establish breaking and entering.
Many jurisdictions have expanded on the traditional definition of burglary by removing some of the elements of the crime. For instance, the traditional definition of burglary requires the breaking and entering to occur between dusk and dawn. Some jurisdictions have eliminated this requirement and will consider the crime a burglary, even if it is committed during daylight hours. In other jurisdictions, burglary crimes are not limited to a dwelling place, and they can also be committed in churches, stores, and other businesses.
Breaking and entering can also be an element of trespassing. In general, a trespass occurs when a person goes on another person’s property without permission. Unlike a burglary, a trespass does not require intent to commit a crime. For instance, suppose that John Doe opened a window and climbed into his neighbor’s house without permission simply to watch television. While John Doe would not be guilty of burglary, he would be guilty of trespassing.

negligent
Trespass is an invasion in to another’s exclusive right to possession of property. It is a direct unlawful interference with another’s property.
Generally, the main elements of trespass are:
• an unlawful intrusion or invasion upon a property,
• intent of intrusion,
• force,and
• consequent injury to an owner.
A trespass is said to be committed when one enters upon the land or property of another without the consent either express or implied, of the owner or occupier thereof. A court has to decide whether a trespassers intrusion has violated a legally protected possessory interest of a plaintiff. There must be an affirmative act, or a misfeasance causing intrusion in order to constitute an act of trespass. A person’s mere presence on a property without an act will not be subject to tort liability.
A trespass becomes intentional when the acts leading to the invasion were done with knowledge that a trespass would result. It is not required that the acts were done for the specific purpose of causing a trespass or injury. Usually, the age of a child will not protect him/her from liability if his/her act amounts to a trespass. However, an initial determination must be made whether a child trespasser formed the intent to do the physical act as trespass is an intentional tort. While doing so, a child’s age, experience, and knowledge must be taken into consideration.
A landowner has to prove intent to trespass or cause harm by release of hazardous chemicals in order to claim damages for intentional trespass and nuisance[iv]. But, where a trespass results in damage, a trespasser is liable without reference to negligence or duty to due care.
A reasonable foreseeability that an act would intrude a plaintiff’s possessory interest may be considered an element of trespass. A trespasser need not foresee the specific injury that may occur due to his/her act. Intrusions such as noise or vibrations may constitute a trespass if they cause actual physical damage[v].
Force may be treated as an element when trespass is the immediate result of force originally applied by a trespasser. It is not essential that a defendant act with a specific intention, if an injury is the immediate result of a force applied and damage occurred as a result.
A party is liable for trespass even though s/he acts under a mistaken belief of law or in good faith. A mistaken belief that s/he is committing no wrong, however reasonable will not exempt a trespasser from liability. Thus, a person who believes a land is his/her own, or that s/he has consent of the owner, or legal privilege of entry, or although s/he is a child too young to be aware of the wrong will be treated a trespasser. However, some jurisdictions protect individuals under the innocent trespasser rule who enter the land of another under a mistaken belief that it is permissible to do so. Under this rule, an unintentional entry onto another’s land does not automatically subject a person to trespass liability even though it causes harm to the possessor of the land.
Generally, an actual injury must have occurred to the property or rights of a person for a liability for trespass to be arise. It may also require that an intrusion on land must be substantial and has resulted in harm. However it has also been held that an unauthorized intrusion upon another’s land is considered an injury. One who intentionally and without consent or other privilege enters another’s land is liable as a trespasser irrespective of whether harm is thereby caused to the other person’s legally protected interests.

direct
Trespass is an invasion in to another’s exclusive right to possession of property. It is a direct unlawful interference with another’s property. Generally, the main elements of trespass are: an unlawful intrusion or invasion upon a property,


Highbanker, Sluice, Trommel, Gold Monster 1000 (Khaleesi), Garrett Ace 400i (Rhaegal), Go-Find 40 (Nymeria), Non Turbo 2.8lt Hilux (Turtle), NAPFA member ----Even a broken clock is right twice a day

1 user likes this post: just starting

#754

7.62marksman
Member
From: Nowra, NSW
Joined: 26 July 2016
Posts: 6,999
Member
08 November 2019 08:18 pm

Laws are made so that the layman (all us folk) have no idea what is happening ops ops ops
and i must say it works very well mad mad mad


Highbanker, Sluice, Trommel, Gold Monster 1000 (Khaleesi), Garrett Ace 400i (Rhaegal), Go-Find 40 (Nymeria), Non Turbo 2.8lt Hilux (Turtle), NAPFA member ----Even a broken clock is right twice a day

3 users like this post: just starting, RM Outback, Wishfull

#755

just starting
Member
Joined: 28 December 2018
Posts: 444
Member
08 November 2019 08:30 pm

Thanks, 7.62 Marksman.

So i am right and they are wrong. It says there that breaking and entering CAN be an element of trespass. I don`t see why it shouldn`t be ,anyway.

Who asks someone else to their place of residence or employment to do a break and enter ? It is pure trespass.

So, the whole question 2 is null and void and wrong ,wrong, wrong .


If it wasn`t for bad luck , i would have no luck at all.

2 users like this post: 7.62marksman, RM Outback

#756

Rockhunter62
Member
From: Roaming, WA
Joined: 03 May 2016
Posts: 2,297
Member
08 November 2019 08:35 pm

Mr average today. 6/10

Cheers

Doug


Forest Gump once said "life is like a detector going beep, you don't know what it is till you dig it up"

1 user likes this post: 7.62marksman

#757

reefer
Member
From: Shellharbour, NSW
Joined: 17 June 2013
Posts: 1,266
Member
08 November 2019 08:55 pm

I scored 6/10 poop I 'tort' I would do better cool playful


We swear by the Southern Cross, to stand truly by each other and fight to defend our Rights and Liberties.

2 users like this post: 7.62marksman, Mackka

#758

Harbourmaster
Member
From: Sturt Bay via Warooka , SA
Joined: 17 December 2018
Posts: 95
Member
08 November 2019 09:02 pm

7/10
105 points


X-terra 705

1 user likes this post: 7.62marksman

#759

Manpa
Member
From: Sheidow Park, SA
Joined: 06 January 2018
Posts: 2,601
Member
08 November 2019 10:00 pm

My understanding of trespass as it was explained to me once is that if you are on land with or without permission and you are asked to leave and you don’t leave you will be charged.
If you leave, no charges can be laid.
If you leave and then return later you will be charged as you are deemed to have interfered with the owners “enjoyment / pleasure” of their property.

I’m also pretty sure the action of bowing entering and leaving the courts is pretty much disappeared.


One of these days Ma!

1 user likes this post: 7.62marksman

#760

RM Outback
Member
Joined: 10 March 2016
Posts: 4,484
Member
08 November 2019 10:14 pm

Manpa wrote:
just starting wrote:

https://www.prospectingaustralia.com.au … 8_quiz.jpg

Number 2 doesn`t make sense.

I challenge the quizmaster on this one.

When the quiz is over ,someone can explain to me why any of the options are correct and i will tell you which one i picked.

There are a couple which are dubious .

I reckon they wrote the questions on a Friday night while attending happy hour lol

6/10 beer

Last edited by RM Outback (08 November 2019 10:22 pm)

3 users like this post: 7.62marksman, just starting, Manpa

#761

7.62marksman
Member
From: Nowra, NSW
Joined: 26 July 2016
Posts: 6,999
Member
08 November 2019 10:28 pm

Manpa wrote:

My understanding of trespass as it was explained to me once is that if you are on land with or without permission and you are asked to leave and you don’t leave you will be charged.
If you leave, no charges can be laid.
If you leave and then return later you will be charged as you are deemed to have interfered with the owners “enjoyment / pleasure” of their property.

I’m also pretty sure the action of bowing entering and leaving the courts is pretty much disappeared.

not here i have been called back into court and asked why i didnt mad mad oops sorry sir forgot, well dont do it again. ops ops ops


Highbanker, Sluice, Trommel, Gold Monster 1000 (Khaleesi), Garrett Ace 400i (Rhaegal), Go-Find 40 (Nymeria), Non Turbo 2.8lt Hilux (Turtle), NAPFA member ----Even a broken clock is right twice a day

2 users like this post: RM Outback, Manpa

#762

Wishfull
Member
From: Yorke Peninsla S.A., SA
Joined: 27 April 2016
Posts: 2,996
Member
08 November 2019 10:49 pm

6/10

Laws are totaly incoherent.
If someone breaks into my house day or night be prepared to not walk out with out some damage.

Last edited by Wishfull (08 November 2019 10:51 pm)


1996 Garret Scorpion gold stinger, Minelab SDC2300, Equanox 800, Detecnix wader Li pinpointer, home made pick, 750 mm Walco pick, understanding wife, most of the time.

3 users like this post: 7.62marksman, RM Outback, Manpa

#763

Gilly47
Member
From: Currently on Tour, QLD
Joined: 18 January 2015
Posts: 692
Member
08 November 2019 11:07 pm

4 from 10, the law is an ass

ray

bomb fire skull beer money 100 awful


1 wife 1 dog and a sieve. NAPFA & QSMA member,

4 users like this post: 7.62marksman, RM Outback, Wishfull, Manpa

#764

RM Outback
Member
Joined: 10 March 2016
Posts: 4,484
Member
08 November 2019 11:47 pm

7.62marksman wrote:
Manpa wrote:

My understanding of trespass as it was explained to me once is that if you are on land with or without permission and you are asked to leave and you don’t leave you will be charged.
If you leave, no charges can be laid.
If you leave and then return later you will be charged as you are deemed to have interfered with the owners “enjoyment / pleasure” of their property.

I’m also pretty sure the action of bowing entering and leaving the courts is pretty much disappeared.

not here i have been called back into court and asked why i didnt mad mad oops sorry sir forgot, well dont do it again. ops ops ops

Repeat offender, off with his head playful lol thumbsup

4 users like this post: 7.62marksman, Manpa, diggit, Gilly47

#765

7.62marksman
Member
From: Nowra, NSW
Joined: 26 July 2016
Posts: 6,999
Member
09 November 2019 12:27 am

1573219653_th_6.jpg


Highbanker, Sluice, Trommel, Gold Monster 1000 (Khaleesi), Garrett Ace 400i (Rhaegal), Go-Find 40 (Nymeria), Non Turbo 2.8lt Hilux (Turtle), NAPFA member ----Even a broken clock is right twice a day

4 users like this post: RM Outback, Wishfull, Manpa, diggit

#766

RM Outback
Member
Joined: 10 March 2016
Posts: 4,484
Member
09 November 2019 12:37 am

lol lol lol thumbsup beer

1 user likes this post: Manpa

#767

goody2shoes
Member
Joined: 05 May 2017
Posts: 1,678
Member
09 November 2019 01:23 am

Yeah off with he's head for sure...

Only got 4/10

Must mean I don't have much to do with the law lol lol

Or I am to good to be court lol lol lol

Goody

4 users like this post: 7.62marksman, RM Outback, Wishfull, Manpa

#768

Mackka
Member
From: Brisbane
Joined: 18 February 2014
Posts: 4,484
Member
09 November 2019 07:59 am

5/10 I just don’t spend a lot of time in court rooms or with my lawyer lol lol lol lol
Mackka

4 users like this post: 7.62marksman, goody2shoes, Wishfull, Manpa

#769

Dihusky
Member
From: Gold Coast, QLD
Joined: 16 June 2017
Posts: 799
Member
09 November 2019 04:58 pm

6/10 happy with that your Honour

1 user likes this post: 7.62marksman

#770

diggit
Member
Joined: 08 May 2014
Posts: 1,148
Member
09 November 2019 05:28 pm

9/10 for me.

I got the history question(privy council) wrong. But that was just a guess tbh. I was Robbed!! Robbed, I tells ya! big_smile

1573280887_20191109_172541_compress76.jpg

Last edited by diggit (09 November 2019 05:41 pm)

2 users like this post: 7.62marksman, goody2shoes

#771

diggit
Member
Joined: 08 May 2014
Posts: 1,148
Member
09 November 2019 05:36 pm

1573281712_headless.jpg

Ahh the man they couldnt hang! lol lol

Last edited by diggit (09 November 2019 05:41 pm)

2 users like this post: 7.62marksman, goody2shoes

#772

7.62marksman
Member
From: Nowra, NSW
Joined: 26 July 2016
Posts: 6,999
Member
09 November 2019 05:42 pm

yes and hard to keep a tie on as well lol lol lol lol lol


Highbanker, Sluice, Trommel, Gold Monster 1000 (Khaleesi), Garrett Ace 400i (Rhaegal), Go-Find 40 (Nymeria), Non Turbo 2.8lt Hilux (Turtle), NAPFA member ----Even a broken clock is right twice a day

1 user likes this post: diggit

#773

Bjay
Member
Joined: 22 June 2015
Posts: 1,763
Member
09 November 2019 06:46 pm

Bombed out only 3 out of 10 for me. Only been there once many years ago and have no intention of returning.

2 users like this post: goody2shoes, 7.62marksman

#774

Bjay
Member
Joined: 22 June 2015
Posts: 1,763
Member
09 November 2019 06:48 pm

diggit wrote:

9/10 for me.

I got the history question(privy council) wrong. But that was just a guess tbh. I was Robbed!! Robbed, I tells ya! big_smile

https://www.prospectingaustralia.com.au … ress76.jpg

Ahh now I know why you don’t want any photos of ya mug circulating the web. playful

4 users like this post: RM Outback, goody2shoes, 7.62marksman, diggit

#775

Manpa
Member
From: Sheidow Park, SA
Joined: 06 January 2018
Posts: 2,601
Member
09 November 2019 07:00 pm

diggit wrote:

He should have quit while he was a head! playful


One of these days Ma!

6 users like this post: goody2shoes, Bjay, 7.62marksman, Mackka, diggit, RM Outback

Contact Us - Privacy Policy - Terms Of Service

View Desktop Site

Top