Trespass on Commonwealth Lands Act 1943 (ACT)

This case involves the defendant who was charged under the Trespass on Commonwealth Lands Ordinance 1932-1943 (ACT) for trespassing on a lawn in a public place where a notice prohibiting trespass was displayed. The defendant appealed the conviction, arguing that the notice was not visible and therefore the prosecution failed to prove that he had actual knowledge of the prohibition. The case was heard in the Supreme Court of the Australian Capital Territory.

The legal issues before the court were whether the defendant had actual knowledge of the prohibition and if the notice was sufficiently visible to constitute a valid prohibition. The court had to consider the evidence presented regarding the visibility of the notice and whether it was reasonable for the defendant to have seen it.

The court found that the evidence showed that the notice was visible and that it was reasonable for the defendant to have seen it. The court held that the defendant had actual knowledge of the prohibition and that the notice was sufficiently visible to constitute a valid prohibition. The appeal was dismissed, and the conviction was upheld.

The final orders of the court were that the appeal be dismissed and the conviction upheld. The defendant was to pay the costs of the appeal.