0F07- Fighting and disorder offences

Question 1

What are the elements to Fighting in a Public place?

You do not have to charge both people with the offence

Answer 1

1) Fights (punching, striking, mauling, wrestling between two or more willing participants)
2) In a public place
Penalty-$1000 fine

Question 2

What are the elements of Offensive OR Disorderly Behaviour?

Answer 2

1) In a public place OR within view of a public place

2) Behaves in an offensive manner OR behaves in a disorderly manner.

Question 3

Elements for Excreting in a public place?

Defense for this offence?

Answer 3

1) Urinates or Defecates
2) In any public place
Defense- Section 32(2) provides a statutory defense that the offender had reasonable grounds for believing they would not be observed.

Question 4

What is a public place?

Answer 4

A place that at any material time:
1) is open to, or being used by the public
2) whether free or on payment of a charge
3) and whether any owner or occupier of the place is lawfully entitled to exclude or reject that person from that place
4) includes any aircraft, hovercraft, ship,
ferry, other vessel, train, vehicle….
5) That is carrying or available to carry passengers for reward
6) And includes the interior of any vehicle which is in a public place.

Question 5

Why does time place circumstance matter in these offences?

Answer 5

Because they can be reclassified into a different offence.

Question 6

What is disorderly behaviour likely to cause violence(section 3) ?

Answer 6

Deals with situations where the behaviour is of the nature that it has caused, or may cause, violence against a property to start or continue.
usually offensive, riotous, threatening, insulting or disorderly.

Question 7

What is Disorderly Assembly (Section 5a)

Answer 7

deals with groups situations where three or more persons are gathered in such a manner that others who are present fear violence or disorder is about to occur.
gangs, street kids etc go up against each other.