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Court of Appeal dismisses appeal from High Court, and affirms determination by way of case stated that, in a prosecution for trespass with intent to commit an offence, the trespass could be inferred from the evidence, and it was not necessary for the owner or occupier of the property to give evidence that the entry on the property was without permission.
Mahon J (nem diss): Criminal law - case stated from District Court to High Court - whether prosecution for trespass with intent to commit an offence required evidence from the homeowner as to whether the person was present on the property without the permission of the owner - evidence required to prove trespass - whether other evidence could give rise to an inference that the entry was without the requisite permission or invitation.
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