12.1 Flashcards
What section is “Offensive Conduct”?
Section 4 Summary Offences Act 1988
What does Section 4 “Offensive Conduct” mean?
A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.
Is using just “offensive language” considered “Offensive Conduct” under section 4?
No, A person DOES NOT conduct himself or herself in an offensive manner as referred to in subsection (1) merely by using offensive language.
What determines if language or conduct is offensive?
1) Was the language/conduct calculated to wound feelings, arouse anger or resentment or disgust or outrage of a reasonable person?
2) The presence of a reasonable person is not necessary but ‘might be expected’.
3) The location and circumstances.
What are the elements of “Offensive Conduct”
1) The accused
2) Conducted him/herself in an offensive manner
3) In or near, or within view or hearing from a public place or a school
What section is “Offensive Language”?
Section 4A Summary Offences Act 1988
What does Section 4A “Offensive Language” mean?
A person must not use offensive language in or near, or within hearing from, a public place or a school.
What are the elements of “Offensive Language”?
- The accused
- Used offensive language
- In or near, or within hearing from, a public place or a school
What section is “Obscene exposure”?
Section 5 Summary Offences Act 1988
What does Section 5 “Obscene exposure” mean?
A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person.
What does “Wilfully” mean?
Wilfully: The act is done deliberately and intentionally, not by accident, or inadvertence.
What does “Obscenely” mean?
Obscenely: Offensive to modesty or decency, indecent, inciting to lust or sexual depravity and lewd.
What two parts of the body do not fall under “Section 5 Obscene exposure”
1) Buttocks
2)Breasts
Is breastfeeding considered “Obscene Exposure”
No
