Re: [NSW] Fare evasion

["gail_bennett" <gail_bennett@smartchat.net.au>]

nathan,

whilst fare evasion is a serious issue - as a Station Assistant it is not
worth arguing with an individual.

>From the legal point of view, by asking the person to buy a ticket at your
station, after alighting from a train, does not eliminate that person from
having committed an offence in the beginning - by asking the person to pay
the fare at the completion of a journey, may not reflect favourably upon
CityRail staff if that person is ever apprehended for fare evasion by police
or revenue protection staff, and the matter goes to court -as soon as that
person formed the view to join a train, then the offence was committed.

There are three elements to any offence:

ACTUS REUS - the act itself
MENS REA - that the person formed the mental intent to commit that wrong
VOLITION - the act was voluntary

I suggest you should not even challenge a person for a ticket...unless you
want a sudden headache. It's a pitty you are not taught when you can do and
what you cannot do!