behaviour offences Flashcards
what is a public place
a place that at any material time is open to or being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitle to exclude or eject that person from that place
public place continued
… and includes any aircraft, hovercraft, ship, ferry, other vessel, train, vehicle, that is carrying or available to carry passengers for reward, and includes the interior of any vehicle which is in a public place
what are the elements of fighting in a public place
fights, in a public place
what is the penalty for fighting in a public place
$1000 fine
where is fighting in a public place located
Summary Offences Act 1981, Section 7
what is the definition of fights
punching, striking, mauling, wrestling etc between two or more willing participants
what is an important rule when dealing with street disorders
time, place and circumstances
what section is offensive or disorderly behaviour in
Summary Offences Act 1981, section 4(1)(a)
what is the penalty for offensive or disorderly behaviour
$1000 fine
what are the elements for offensive or disorderly behaviour
in a public place OR within view of a public place, behaves in an offensive manner OR behaves in a disorderly manner
what is classed as an offensive manner
behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order
what is classed as disorderly manner
behaves in a seriously disruptive manner that causes a disturbance to public order
what does Summary Offences Act 1981 section 3 cover
disorderly behaviour likely to cause violence
what does Summary Offences Act 1981, section 5A cover
disorderly assembly, when 3 or more people are gathered
what is section 32(1) of Summary offences act
excreting in a public place
what is the penalty for excreting in a public place
$200 fine
what are the elements for excreting in a public place
urinates or defecates, in any public place
what does section 32(2) of the summary offences act cover
it provides a good statutory defence that the offender had reasonable grounds for believing they would not be observed
what does section 39(2) of summary offences act do
give power to arrest for excreting in a public place, but need to see this and get their name and address
what is the penalty for resisting police
imprisonment not exceeding 3 months, or a $2000 fine
where does the power of arrest come from for resisting police
can arrest without a warrant under section 39(1) of summary offences
what are the elements for resisting police
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
what are the elements for obstructing police
intentionally obstructs OR incites or encourages another person to obstruct, any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
what is physical obstruction
physically using their body to deliberately make the police officers task more difficult or impossible to carry out
what constitutes delaying the police
delaying the entry of police so that offenders may escape
what is warning persons of police approach
warning persons who are actually offending that the police are approaching or endeavouring to detect a particular offence
what is refusing to obey lawful instructions
refusing to carry out lawful instructions given to them by a constable
what is telling untruths
telling untruths to an enquiring constable so that the offender who is sought may evade the constable
