Unlawful Entry Is the Question

tachyon · Jan 31, 2005

By the look of this gateway, could it be a crime to go inside?

This is the entrance of old Redfern Railway Workshop Yard. There are signs indicating the way to theatre production warehouses inside. The only thing that gives a clue to "no trespassing" is the furthest stand inside, where small, rusty, fading and valdalised signs beneath the "WASTE DUMPING PROHIBITED" says:

NO ENTRY
KEEP OUT
AUTHORIZED PERSONNEL ONLY

I wonder who would not disregard all the confusing signs.

I took these photos as evidence of ambiguous signs, because Railcorp Transit Officers issued me with a fine for the offence of "Go/be on Railway Land" on 14 December 2004.

This is actually one my favorite locations in Sydney and the workshop will soon be demolished as part of a redevelopment plan by Redfern-Waterloo Authority. Check out the photos I took on the day in my Corrode Series:

I had been there before for a number of times without any warnings from anyone about the infringement.

It's a popular spot for other photographers too, and people walks their dogs there as well.

Now I am facing AU$400 penalty and have decided to fight it in the local court. Please leave comment on my site for your support. It will be greatly appriciated.

walter23 · Feb 1, 2005

Trespassing fines are always worth risking, and always incredibly annoying to actually receive. Good luck man.

Rob · Feb 1, 2005

Good luck with your case. Perhaps you could take as many pictures (from a safe distance!) of dog walkers as possible to help your case... If it's a known public usage area they may have trouble enforcing the ruling and the fine? Good luck.

terri · Feb 1, 2005

I wish you good luck, as well. It could go either way, depending on whoever hears your plea. Reason states you weren't doing any harm - but evidence of vandalism states that others have. :thumbdown: They may make you an example for no other reason than they can.

Crappy situation. The penality also seems a bit excessive. Again, good luck - I hope you let us know how it turns out!

AIRIC · Feb 1, 2005

Were you nice to the person that approached you or was there a confrontation? I have always gooten off with a warning but I do nothing to anoy the person who is patroling the place. If other people stroll the place I would take lots of pics of them doing so.

Eric

jadin · Feb 1, 2005

That looks like a photog gold mine! :drool:

I'd so risk it!

Canon Fan · Feb 1, 2005

Wow that sucks. I would have done the same thing though. Great shots :drool2:

Rogue Monk · Feb 1, 2005

I'd refrain from using the close-up of the "No Dumping" sign. If you acknowledge that you knew (or know) the sign existed, it might hurt your case. Or it might not...all depends on how you use it.

My experience is that most judges will follow the letter of the law. If you show the sign, they'll say "The sign was there. Ergo, you're in the wrong".

The images of others using the land is a good idea.

Also, (at least in Canada) both parties have to show up in case a fine goes to court. I've known many people who go in for a speeding ticket and the officer doesn't show--which immediately gets ruled in favor of the defendant. They play to the fact that most people will simply pay. Doesn't work all the time though.

Build your case. The more you have, the more you can use. Good luck.

mrsid99 · Feb 1, 2005

I'm somewhat curious as to what they're charging you with, my recollection of British law is that for a trespass to occurr there has to be damage or a financial loss to someone.
I assume you did not cut any fences or break any locks to get in?
If you did, they still have to prove it was you did the damage.
Walking on grass does not count so long as no damage is done.
You're also required to leave immediately if so requested.

Mitica100 · Feb 1, 2005

By all means go to court and challenge the darn thing. Say you didn't really pay attention to all the signs and you wanted to immortalize that place with your camera. That's the BS that flies well.

Good luck matey!

tachyon · Feb 1, 2005

jadin said:
That looks like a photog gold mine! I'd so risk it!

It is a goldmine to me. The reason I was there 'cuz of the redevelop plan bill had just been passed. So I had to get there before they start demolising it. Besides, there is a political agenda to the bill too but I won't go to that discussion.

tachyon · Feb 1, 2005

AIRIC said:
Were you nice to the person that approached you or was there a confrontation? I have always gooten off with a warning but I do nothing to anoy the person who is patroling the place. If other people stroll the place I would take lots of pics of them doing so.

Eric

Thx Eric. There were 4 officers running towards me, looked rediculous as if I was gonna run away. They were nice, one of them was a photographer as well, but I just couldn't give the senoir officer satisfaction with my excuse. The other suggested him that I shown them the way I got it but he still wanted to charge me 'cus the sign's there despite the whole wide-open gateway--no break-in.

walter23 · Feb 1, 2005

tachyon said:
It is a goldmine to me. The reason I was there 'cuz of the redevelop plan bill had just been passed. So I had to get there before they start demolising it. Besides, there is a political agenda to the bill too but I won't go to that discussion.

Ah, I guess that might be why the police are so interested in watching the property, no?