0F07 - BEHAVIOUR OFFENCES

Question 1

What is a public place?

Answer 1

• A place at any material time
• Open to, or being used by the public
• Whether free or on payment entry
• Where an owner or occupier is lawfully entitled to exclude or eject people from that place
• Includes aircraft, hovercraft, ferry, other vessel, train or vehicle
• Available to carry passengers for a reward
• Includes the interior of vehicle in public place

Question 2

What are the elements for ‘Fighting in a public place’?

Answer 2

• Fights

- In a public place

Question 3

Where can you fine ‘fighting in a public place’ in legislation and what is the penalty?

Answer 3

Summary Offences Act 1981, Section 7. $1000 fine.

Question 4

What is fighting?

Answer 4

Punching, striking, wrestling, mauling, etc between 2 OR MORE WILLING PARTICIPANTS.

Question 5

What/why is TIME, PLACE, CIRCUMSTANCE important to consider?

Answer 5

You must take into account the time, as the statuses of places can change throughout the day. (e.g a dairy is a public place during opening hours but not when its closed)
What is disorderly behaviour in one setting will not be in another. What is acceptable language in one place is not acceptable in others.

Question 6

What are the elements for ‘Offensive OR Disorderly behaviour’?

Answer 6

-In a public place 
OR 
-Within view of a public place 
-Behaves in a offensive manner 
OR 
-Behaves in a disorderly manner

Question 7

Where can you find ‘Offensive OR Disorderly behaviour’ in legislation and what is the penalty?

Answer 7

Summary Offences Act 1981, Section 4. $1000 fine.

Question 8

What are the other related offences to ‘Offensive OR Disorderly behaviour’?

Answer 8

• Disorderly behaviour likely to cause violence (section 3)
• Disorderly assembly (section 5A)
• Prohibition of Gang Insignia in Government Premises

Question 9

What are the elements of ‘Excreting in a Public Place’?

Answer 9

• Urinates or defecates

- In any public place

Question 10

Where is ‘Excreting in a Public Place’ in legislation and what is the penalty?

Answer 10

Summary Offences Act 1981, Section 32(1). $200 fine.

Question 11

What is the defence to ‘Excreting in a Public Place’?

Answer 11

The offender had reasonable grounds for believing they would not be observed.

Question 12

What is the power of arrest for ‘Excreting in a Public Place’?

Answer 12

Summary Offences Act 1981, Section 39(2). You CANNOT arrest unless the act is seen by a constable and the offender fails to five their name and address on demand.

Question 13

What are the elements for ‘Resisting police’?

Answer 13

-Resists
OR
-Incites or encourages any other person to resist
- Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Question 14

What are the elements for ‘Obstruction (resisting police)’?

Answer 14

-Intentionally obstructs
OR
-Incites or encourages any person to obstruct
- Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Question 15

Where can you find ‘Resisting or Obstructing police’ and what is the penalty?

Answer 15

Summary Offences Act 1981, Section 23. 3 months imprisonment or $2000 fine.

Question 16

What is the power of arrest for ‘Resisting or Obstructing police’ ?

Answer 16

Summary Offences Act 1981, Section 39(1)