It is Christmas and Harvey is involved in a heated argument with Jack over a car park spot at Chadstone Shopping Centre. In frustration, Harvey gets out from the driver's seat of his vehicle with a base ball (he has just come back from his son's baseball practice session), walks over to the passenger side of Jack's vehicle and smashes the window. Jack sustains minor scratches from pieces of broken glass. Harvey gets back into his car and drives off. Jack immediately calls the police who attend the scene. Jack informed police what had happened and provided Harvey's registration number. There were also a number of people who witnessed the incident and informed the police as to what they saw. Police intend to charge Harvey with criminal damage, which carries a maximum sentence of 10 years imprisonment.

After the incident, Harvey drives home. Police arrive at his home later that day. They knock on the door wanting to speak to Harvey about the incident. As Harvey's wife open's the front door, Harvey yells through the window "go away, you have no business here". Do police need to leave or can they remain on the property?