Territory Stories

Debates Day 3 - Thursday 21 October 1993



Debates Day 3 - Thursday 21 October 1993

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Parliamentary Record 21


Debates for 6th Assembly 1990 - 1994; ParliamentNT; Parliamentary Record; 6th Assembly 1990 - 1994




Made available by the Legislative Assembly of the Northern Territory





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Legislative Assembly of the Northern Territory

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES - Thursday 21 October 1993 A person who unlawfully enters a building with intent to commit any offence therein is guilty of an offence, and the intention of the accused is relevant to determining whether they are guilty of a simple offence or a crime. If an intruder were arrested by a citizen for unlawful entry, the arrest would be valid only if the citizen could prove that the accused had had the intention of committing a crime when entering the building. Further, section 21k operates to deem: If it is proved that a person unlawfully entered the building with intent to commit a simple offence or a crime but the evidence cannot establish which, he shall be convicted of unlawful entry with intent to commit a simple offence. In other words, the provision that the member has proposed does not relate to the circumstances where the prowler enters the bedroom because it can be only a simple offence. He needs to understand that he is excluding unlawful entry of buildings. Members interjecting. Mr MANZIE: Listen to the member for Millner. He will tell you about it. Let us consider common assault. Section 188 provides: 'Any person who unlawfully assaults another is guilty of an offence if no circumstances of aggravation exist and the offender is not guilty of a crime'. The definition of 'assault' covers the application of force to a person and the attempted or threatened application of force. Situations could be envisaged where it would be appropriate to subject an offender to a citizen's power of arrest for the commission of a common assault. However, in what the member is proposing by talking about 'crime', that could not be done because the term 'crime' does not relate to that offence. Mr Bell interjecting. Mr MANZIE: No. Mr Ede: Look at subclause (7). Mr MANZIE: Talk to him. He sent it round. I am talking about your proposal. Mr Ede: Come off it, Daryl! Be serious. Mr MANZIE: He argued about it. Mr Ede: This is a serious matter, Daryl. Please be serious. Mr MANZIE: This is a serious matter. The member for MacDonnell tabled a document and argued that we should be utilising this provision instead of what we have proposed. For the benefit of all members, including the Leader of the Opposition, I am ... Mr Ede: I want to talk about your bill. 10 229