SABO
PROSECUTION ALLEGATIONS
Witness 1, MikalParvil, (male), states that he is the agent for ABC Property Holdings Pty Ltd which own a vacant property at 98 Decadent Street ADELAIDE. The witness also states that no person has permission to enter the building without first obtaining the consent of the owner.
Witness 2, Andrew Garcia, (male) states that at about 10.40 p.m. on 26th of March 2012, he was working at the cinema next door to the vacant property at 98 Decadent Street. He saw a group of persons enter the vacant property through the fire exit door that is located in a back lane. He moved to the back door of the property, went inside, turned the lights on and called out that he was calling the police. He went outside again, called the police on his mobile phone and kept watch on the back door. While he was waiting for police he saw several persons run from the building.
Police arrived soon after, had a conversation with witness 2 and then went inside the building via the back door. Police waited there until a police dog and handler had arrived. When the dog handler entered the building with the police dog, the accused identified himself and complied with directions of the dog handler.
The accused stated he entered the building to sleep there. He did not know the owner of the building and entered with a group of people, one of whom he thought had permission from the owner. The accused has only prior convictions for traffic offences.
DEFENCE SUBMISSIONS
Those facts are admitted. My client is a 20 year old man who has spent much of the past six years living in cars, empty lots and on the streets.
His mother was a heroin dependant who was unable to provide adequate care and had kicked him out of home shortly after his 14th birthday.
On the night in question he was attempting to escape inclement weather in the company of other homeless people who had discovered a potential new home in an unused building.
When the witness entered the building and threatened to alert police his companions fled, leaving him alone.
He maintains he meant to cause no harm but was simply desperate for a place to call home for a while. He cooperated fully with police.
EDUCATIONAL USE ONLY
SOUTH AUSTRALIA
/ COMPLAINTMagistrates Court of South Australia
Summary Procedure Act, 1921
Sections 49 / Court Use
date filed
Complainant
Name:...THE UNDERSIGNED MEMBER OF THE POLICE FORCE
AddressADELAIDE CRIMINAL JUSTICE SECTION
Defendant
Name: SABO, Scott DOB......
dd/mmm/yy
Address
Offence details
- The Complaint of a Member of the Police Force of Adelaide this 27th day of March 2012 who states that Scott Sabo on the 26th March 2012 at Decadent Street in Adelaide in the said State:
Section 17 of the Summary Offences Act, 1953.
Other orders sought (forfeiture, compensation, additional penalty, destruction or the like – Rule 15.03)
......
DateComplainant Witness
(Registrar, Deputy Registrar or Justice of the Peace)
(Not required if Complainant is a Public Authority)
SUMMARY OFFENCES ACT 1953
17 Being on premises for an unlawful purpose
(1) A person who has entered, or is present on, premises for an unlawful purpose or without lawful excuse is guilty of an offence.
Where the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years.
In any other case—$2500 or imprisonment for 6 months.
(1a) Despite section 5, the onus of proving absence of lawful excuse in proceedings for an offence against this section lies upon the prosecution.
(2) Where a police officer believes on reasonable grounds that a person has entered, or is present on, premises for the purpose of committing an offence, the officer may order the person to leave the premises.
(3) A person who fails to comply with an order under subsection (2) is guilty of an offence. $2500 or imprisonment for 6 months.
(4) In this section—
"premises" means—
(a) any land; or
(b) any building or structure; or
(c) any aircraft, vehicle, ship or boat.