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Criminal law — Miscellaneous Offences Act [Chapter 68] — section 5 (c) — does not apply to occupiers of property whose former lawful right to occupation has ended.
Section 5 (c) of the Miscellaneous Offences Act [Chapter 68] is intended to punish criminally a person who, while perhaps aware that his entry upon any land, enclosed area or building, was in fact unauthorized, disobeys a request to leave made by the owner, lawful occupier or person in charge or on behalf of the owner, lawful occupier or person in charge. It presupposes that the initial entry onto the property was unlawful, but is not intended to provide a criminal sanction against occupiers of property whose former lawful right to occupation has ended, as here, where the accused's estate had been sequestrated and his property (including his farm) sold.
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