[IN THE PRIVY COUNCIL]

1950 Present: Lord Normand, Lord Oaksey, Lord Reid,
Sir John Beaumont and The Chief Justice of Canada
(The Right Hon. T. Rinfret)

THE KING v. SELVANAYAGAM

Privy Council Appeal No. 38 of 1947

S. C. 941-M. C. Kegalla, 12,301

Criminal trespass-Ingredients of offence-Meaning of " occupation "-Different from " possession "-Unlawful entry-Does not become criminal merely because a foreseen consequence of such entry is annoyance to occupant-Nature of relevant intention-Penal Code, ss. 427, 433.

R, the superintendent of an estate which had been recently purchased by the Crown, was instructed by the Assistant Government Agent to give notice to quit to all the labourers on the estate. In accordance with these instructions R gave due notice to the accused terminating his employment as from 31st May, 1946. On that date the accused declined to leave the two rooms of which he was in occupation in the lines on the estate. He claimed that he and his ancestors had been in occupation of the rooms for 70 years and for that reason he declined to quit, since he had no other house to live in. He claimed the right to stay on the estate