STATE LANDS PROTECTION
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- “repeat offender”, in relation to any offence under section 5(1)(e), means a person—
- (a) who is convicted, or found guilty, of such an offence committed involving the use of a motor vehicle or vessel (called the current offence); and
- (b) who has, within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, been—
- (i) convicted or found guilty of the same offence committed involving the use of a motor vehicle or vessel (whether or not a continuing offence) on at least one other earlier occasion; or
- (ii) convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of an offence under section 7(1)(b) of the repealed Act committed involving the use of a motor vehicle or vessel.
Defences
7.—(1) In proceedings against an accused for an offence under section 5, it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know, and could not reasonably have been expected to know, that the land concerned was State land.
(2) In addition, in proceedings against an accused for an offence under section 5 for erecting any structure in any subterranean space that is State land, it is a defence for the person charged to prove, on a balance of probabilities, that—
- (a) the person, or the company or association or body of persons of which the person is a director, manager, partner, secretary or other officer, is entitled to exercise rights under the easement of support implied under section 10 of the State Lands Act 1920;
