Question:

Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : Whoever enters into or upon property in the possession of another with intent to commit an offence in relation to that property or to intimidate, insult or annoy any person in possession of such property is said to commit criminal trespass.
Facts : H entered his friend L’s property because it was adjoining C’s home. From L’s garden, H shouted insults and tried to intimidate C. C seeks to sue for criminal trespass.

  • H committed criminal trespass
  • L committed criminal trespass
  • H did not commit criminal trespass
  • None of the above
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The Correct Option is C

Solution and Explanation

The legal principle in question defines criminal trespass as entering someone's property with the intent to commit an offense, or to intimidate, insult, or annoy the person in possession of that property. In the given facts, H entered L's property, which was next to C's home, specifically to shout insults and intimidate C.
According to the principle, criminal trespass requires the intention to affect the person in possession of the property being entered. Here, H's intent was directed towards C, not L, whose property was used merely as a vantage point. Therefore, H did not intend to commit any offense against L or cause any disturbance to L directly.
Based on this analysis, H did not commit criminal trespass on L's property as his actions were not directed towards L, satisfying the principle's requirement that the intent must be related to affecting the person in possession of the property.
Thus, the most appropriate answer is: H did not commit criminal trespass.
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