The guard sounds like he started badly.. He spoke personally rather than speaking from a position of authority. (Which is yet to be decided if he had that power anyway).
The guard was well within his rights to ask what he did : IF he was acting on behalf of the property owner.
How many people know their law ?
Lets say that guard DID have the right to be there, and was protecting the area for the owner of the land.
Yes. He can ask you for your name & Address, But only if he identifies himself as being in control or securing (protecting) that portion of land.
As a sideline (good to remember this one kids).. If he has asked for your identity, you can also request the identity of the owner of the land/item where trespass is occuring.
He has to supply it to comply with australian law.
Heres some boring old laws for you to read, this is the SA one, but most states/territories are the same.
Trespassers on premises
(1) Where
(a) a person trespasses on premises; and
(b) the nature of the trespass is such as to interfere with the enjoyment of the premises by the occupier; and
(c) the trespasser is asked by an authorised person to leave the premises,
the trespasser is, if he or she fails to leave the premises forthwith or again trespasses on the premises within 24 hours of being asked to leave, guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2) A person who, while trespassing on premises, uses offensive language or behaves in an offensive manner is guilty of an offence.
Maximum penalty: $1 250.
(2a) A person who trespasses on premises must, if asked to do so by an authorised person, give his or her name and address to the authorised person.
Maximum penalty: $1 250.
(2b) An authorised person, on asking a trespasser to leave premises or to give a name and address, must, if the trespasser so requests, inform the trespasser of
(a) the authorised person's name and address; and
(b) the capacity in which the person is an authorised person under this section.
(2c) A person must not falsely pretend, by words or conduct, to have the powers of an authorised person under this section.
Maximum penalty: $750.
(3) In this section
authorised person, in relation to premises, means
(a) the occupier, or a person acting on the authority of the occupier;
(b) where the premises are the premises of a school or other educational institution or belong to the Crown or an instrumentality of the Crown, the person who has the administration, control or management of the premises, or a person acting on the authority of such a person;
occupier, in relation to premises, means the person in possession, or entitled to immediate possession, of the premises;
offensive includes threatening, abusive or insulting;
premises means
(a) any land; or
(b) any building or structure; or
(c) any aircraft, vehicle, ship or boat.
(4) In proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified premises will be accepted as proved in the absence of proof to the contrary.
Bottom line.
Sniper should have been informed that the guard was in charge of that particular section of property, and the guard was acting on behalf of the owners.
It does not matter why Sniper was there, it's irrelevant to the situation. If it was "privately owned property" then Sniper was trespassing, but could only be charged with this if he failed to leave / or returned within 24 hours.
The fact that he apparently "blocked" the way opens another can of worms, that is borderline on detainment, lets not go there.
The nice doggie slobbering on your arm, well, thats again, intimidation with a weapon... Lets not enter that either, thats a messy road when you start talking power of force etc, threat escalations etc..
This thread could really get long winded.
I still suggest giving the owner/ or company that employs Donut (the guard) and lodging a complaint, I would follow that up with a letter to the tribunal to have him disciplined over his actions, and possibly score a nice retraining session to act more like a professional security guard should..
Oh.. I still find the best reply when asked whats in your bag/car is: "An anti-tank missile launcher" or "3 kilo's of dog poo.." Or if you want the sure fire one to get Donuts (I mean guards) riled right up : "Some of your wife's lingerie" boom boom..works every time...
Cheers.
