LAWS 122-Practice Questions Well
Answered 2026 Updated.
Ratio decidendi - Answer Reasoning behind the decision, a statement of law that was an
essential step in deciding the case. Binding
Obiter Dicta - Answer Statement of law made in a case which are not a necessary part of the
courts reasoning. Not binding but may be persuasive in later cases
Criminal Case - Answer initiated by the crown or crown agency to determine if the defendant
is guilty of a crim
Civil Case - Answer disputes between legal persons regarding the legal duties and
responsibilities they owe another and any remedies to be awarded if those duties were
breached
Robson and Another v Hallett
- Key legal issue(s) - Answer 1. Whether the police officers became trespassers from the time
they entered the property through the front gate
2. Whether a person legitimately on premises and who is ordered to leave must be given a
reasonable time to do so before becoming a trespasser
3. Whether a police officer who has not been invited inside a house can lawfully enter the
house to go to the assistance of another officer
Robson and Another v Hallett
- material facts - Answer -The police officers went through the front gate to the front door
-One police officer was invited into the house
-The person who invited the officer in was the son of the occupier
-The police officer started to leave as soon as he was asked
-The officer was assaulted as he was trying to leave
Robson and Another v Hallett
- why is the law of trespass relevant to this case? - Answer The Robsons were charged with
assaulting a police officer in the execution if his duty. If the police officer was not in execution of
his duty at the time of the assault, ie was trespassing, the elements of the offence are not made
out and the charge will fail.
Robson and Another v Hallett
, - key legal issues - Answer - Whether the police officers became trespassers from the time
they entered the property through the front gate
- Whether a person legitimately on premises and who is ordered to leave must be given a
reasonable time to do so before becoming a trespasser
-Whether a police officer who has not been invited inside a house can lawfully enter the house
to go to the assistance of another officer
Robson and Another v Hallett
- the ratio of the issues - Answer - An occupier gives implied license to any member of the
public to come through the gate and knock on the front door of the house.
- When a license is revoked as a result of which something has to be done by the licensee, a
reasonable time must be implied in which he can do so, in this case to get off the premises.
- Any person who sees another person who sees a breach of the peace taking place inside
premises can go inside to assist
Robson and Another v Hallett
- case precedents - Answer Great Central Railway Co v Bates
Davis v Lisle
McArdle v Wallace
TV3 Network v Broadcasting Standards authority
- conclusion - Answer Implied licence excludes unlawful purposes, and also purposes for
which it is known or understood that the occupier of the house would not give consent.
Court distinguished Robson v Hallett.
Filmer was lawful however reporter was not
TV3 Network v Broadcasting Standards authority
- what happened - Answer Surreptitiously filmed interview - found Mrs S would not have
consented. Journalist came onto her land to talk with her, filmed from adjacent public land.
precedent - Answer when a decision is made from a higher court, in the same jurisdiction
and the case contains the same material facts, then the decision of the case (ratio) is binding on
the latter case.
precedent/overruling case - Answer R v Chilton
Answered 2026 Updated.
Ratio decidendi - Answer Reasoning behind the decision, a statement of law that was an
essential step in deciding the case. Binding
Obiter Dicta - Answer Statement of law made in a case which are not a necessary part of the
courts reasoning. Not binding but may be persuasive in later cases
Criminal Case - Answer initiated by the crown or crown agency to determine if the defendant
is guilty of a crim
Civil Case - Answer disputes between legal persons regarding the legal duties and
responsibilities they owe another and any remedies to be awarded if those duties were
breached
Robson and Another v Hallett
- Key legal issue(s) - Answer 1. Whether the police officers became trespassers from the time
they entered the property through the front gate
2. Whether a person legitimately on premises and who is ordered to leave must be given a
reasonable time to do so before becoming a trespasser
3. Whether a police officer who has not been invited inside a house can lawfully enter the
house to go to the assistance of another officer
Robson and Another v Hallett
- material facts - Answer -The police officers went through the front gate to the front door
-One police officer was invited into the house
-The person who invited the officer in was the son of the occupier
-The police officer started to leave as soon as he was asked
-The officer was assaulted as he was trying to leave
Robson and Another v Hallett
- why is the law of trespass relevant to this case? - Answer The Robsons were charged with
assaulting a police officer in the execution if his duty. If the police officer was not in execution of
his duty at the time of the assault, ie was trespassing, the elements of the offence are not made
out and the charge will fail.
Robson and Another v Hallett
, - key legal issues - Answer - Whether the police officers became trespassers from the time
they entered the property through the front gate
- Whether a person legitimately on premises and who is ordered to leave must be given a
reasonable time to do so before becoming a trespasser
-Whether a police officer who has not been invited inside a house can lawfully enter the house
to go to the assistance of another officer
Robson and Another v Hallett
- the ratio of the issues - Answer - An occupier gives implied license to any member of the
public to come through the gate and knock on the front door of the house.
- When a license is revoked as a result of which something has to be done by the licensee, a
reasonable time must be implied in which he can do so, in this case to get off the premises.
- Any person who sees another person who sees a breach of the peace taking place inside
premises can go inside to assist
Robson and Another v Hallett
- case precedents - Answer Great Central Railway Co v Bates
Davis v Lisle
McArdle v Wallace
TV3 Network v Broadcasting Standards authority
- conclusion - Answer Implied licence excludes unlawful purposes, and also purposes for
which it is known or understood that the occupier of the house would not give consent.
Court distinguished Robson v Hallett.
Filmer was lawful however reporter was not
TV3 Network v Broadcasting Standards authority
- what happened - Answer Surreptitiously filmed interview - found Mrs S would not have
consented. Journalist came onto her land to talk with her, filmed from adjacent public land.
precedent - Answer when a decision is made from a higher court, in the same jurisdiction
and the case contains the same material facts, then the decision of the case (ratio) is binding on
the latter case.
precedent/overruling case - Answer R v Chilton
