When someone obstructs
Your personal property is protected by the Trespass Act if there are no strong legal justifications. The legislation in Australia allows for the arrest and use of anyone who willfully enters private property. (Balganesh 603). However, unless the offender performs a felony, the law forbids a citizen from making an arrest of another citizen. I believe that the offenders have evolved a mechanism that makes them more defensive during the legal procedure. (Winn 1400). In my article, I'll discuss why I believe the law should be changed to allow trespassers to be detained on-site by self-arrest. Let us take an example of drunkard entering your homestead and starts harassing you before your family and children. Alternatively, perhaps I see a man dangerous kicking domestic animal in a park. Despite my wish to stop him and save the situation, I only have one option. Call the police (Flood 473). My concern is, how near is the police locate that he will arrive and find the man still kicking the pet? How will I gather the evidence to prove his connection with the act?
Conclusion
It is because of the rigidity of the tort laws that many petty but serious offenses go unnoticed and in the end, the offenders develop into criminals. In trespass act, once the occupier has raised a notice barring unauthorized persons access the place, there are two things involved. Either the place is dangerous for the intruder or the occupier (suppose he keeps dangerous items there). Therefore, the procedure of calling the police would lead to complications of issues because of a late response (White and Allex 330). For the offenders to obey neighbor's property, the occupier needs to have the right to apprehend and prosecute trespassers.
Works Cited
Balganesh, Shyamkrishna. "DEMYSTIFYING THE RIGHT TO EXCLUDE: OF PROPERTY, INVIOLABILITY, AND AUTOMATIC INJUNCTIONS." Harvard Journal of Law and Public Policy, vol. 31, no. 2, 2008, pp. 593-661, ABI/INFORM Collection, https://search.proquest.com/docview/235217219?accountid=45049.
Flood, Carie-Megan. "Pollen Drift and Potential Causes of Action." Journal of Corporation Law, vol. 28, no. 3, 2003, pp. 473, ABI/INFORM Collection, https://search.proquest.com/docview/220808194?accountid=45049.
White, Michael, and Alex Molloy. "Australian Maritime Law Update: 2010." Journal of Maritime Law and Commerce, vol. 42, no. 3, 2011, pp. 315-348, ABI/INFORM Collection, https://search.proquest.com/docview/898438151?accountid=45049.
Winn, Peter A. "The Guilty Eye: Unauthorized Access, Trespass and Privacy." The Business Lawyer, vol. 62, no. 4, 2007, pp. 1395-1437, ABI/INFORM Collection, https://search.proquest.com/docview/228466376?accountid=45049.
