Suppaiya V. Ponniah Et Al.,

Present: Wood Renton J.    Sept.8,1909

SUPPAIYA v. PONNIAH et al.

 P. C. Matale, 31,154.

Criminal trespass-Intention to intimidate or annoy-Bona fide claim of right- Penal Code, s. 433.

An unlawful act of trespass committed with an intention to intimidate or annoy is criminal trespass, even if the trespasser had some ulterior object in committing it. Intention to intimidate or annoy will be presumed from foreknowledge that intimidation or annoyance will be the natural result of an act.

Wood Renton J.-When once an act of unlawful interference with the possession of property, under circumstances disclosing a real intention to intimidate or annoy the possessor, has been established, the offence of criminal trespass has been committed; and in such a case I should not be disposed to whittle away the effect of the law by curious refinements as to whether an ulterior object that the trespasser may have had in view constituted his primary or only his secondary intention. Nor do I see why, in regard to criminal trespass alone, the ordinary rule of law and of common sense, that a man may fairly be held to have intended the natural consequences

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