He’s not on private property, he was in a public place. Until his access to the property is revoked in writing he is in public.
Once he was in that cubicle he was then in a private place occupied by the OP.
In laymen’s terms, that cubicle at that moment was his castle.
Unless there was an explicit sign above the power point saying something like “this power point is for the specific use of staff of XYZ, no public use is permitted” then he had every right to use it until told otherwise, after that any use would be a civil claim not a criminal offence.
The first point of proof for a theft is “dishonestly” appropriates property belonging to another with the intention of permanently depriving said owner of that property. The dishonesty element automatically falls over when he is using a publicly displayed power point. It can’t be proved he acted dishonestly in that scenario
Once he was in that cubicle he was then in a private place occupied by the OP.
In laymen’s terms, that cubicle at that moment was his castle.
Unless there was an explicit sign above the power point saying something like “this power point is for the specific use of staff of XYZ, no public use is permitted” then he had every right to use it until told otherwise, after that any use would be a civil claim not a criminal offence.
The first point of proof for a theft is “dishonestly” appropriates property belonging to another with the intention of permanently depriving said owner of that property. The dishonesty element automatically falls over when he is using a publicly displayed power point. It can’t be proved he acted dishonestly in that scenario
It is private property, it is not a public park. The owners can ask you to leave anytime or bar you. Read some of the relevant acts.
They need nothing in writing, you can be asked to leave anytime, this is even true of govt owned property. They can also ask you to stop taking electricity, or leave the restroom. You are their as a guest if you like, they make the rules.
You are making assumptions on what op wrote and claim, but again they can enter for a number of reasons, it does not become "your castle", there are times when they must enter too.
They do not need a sign. You keep coming at this as the person has more rights than the owners, bizzare. It is theft, but I doubt it would ever be escalated to charges, nor would they bother with any sort of other action (the people whom have to pay for the electricity taken)
As to your last paragraph, I get the feeling that the OP knows what they were doing on various levels is wrong, but takes the victim approach and points the finger everywhere but in the mirror.
They need nothing in writing, you can be asked to leave anytime, this is even true of govt owned property. They can also ask you to stop taking electricity, or leave the restroom. You are their as a guest if you like, they make the rules.
You are making assumptions on what op wrote and claim, but again they can enter for a number of reasons, it does not become "your castle", there are times when they must enter too.
They do not need a sign. You keep coming at this as the person has more rights than the owners, bizzare. It is theft, but I doubt it would ever be escalated to charges, nor would they bother with any sort of other action (the people whom have to pay for the electricity taken)
As to your last paragraph, I get the feeling that the OP knows what they were doing on various levels is wrong, but takes the victim approach and points the finger everywhere but in the mirror.
It is not a vibe and I am not a lawyer.
It is all a bit academic, I am not in VIC, but you could read various acts that VIC would have that cover this.
I would say, anywhere in Australia, when you are on land not owned or controlled by you, you are a guest and can at any time be asked to leave by owner or someone acting for them.
The whole of a shopping complex is owned by someone, you abide by thier rules if you are asked to leave or stop something, and you do not, you are likely committing offence/s
Just do the right thing, be polite, and respect what is not yours is my message, rather than the entitled mindset many have today.
It is all a bit academic, I am not in VIC, but you could read various acts that VIC would have that cover this.
I would say, anywhere in Australia, when you are on land not owned or controlled by you, you are a guest and can at any time be asked to leave by owner or someone acting for them.
The whole of a shopping complex is owned by someone, you abide by thier rules if you are asked to leave or stop something, and you do not, you are likely committing offence/s
Just do the right thing, be polite, and respect what is not yours is my message, rather than the entitled mindset many have today.
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