behaviour offences

Question 1

what is a public place

Answer 1

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

Question 2

public place continued

Answer 2

… 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

Question 3

what are the elements of fighting in a public place

Answer 3

fights, in a public place

Question 4

what is the penalty for fighting in a public place

Answer 4

$1000 fine

Question 5

where is fighting in a public place located

Answer 5

Summary Offences Act 1981, Section 7

Question 6

what is the definition of fights

Answer 6

punching, striking, mauling, wrestling etc between two or more willing participants

Question 7

what is an important rule when dealing with street disorders

Answer 7

time, place and circumstances

Question 8

what section is offensive or disorderly behaviour in

Answer 8

Summary Offences Act 1981, section 4(1)(a)

Question 9

what is the penalty for offensive or disorderly behaviour

Answer 9

$1000 fine

Question 10

what are the elements for offensive or disorderly behaviour

Answer 10

in a public place OR within view of a public place, behaves in an offensive manner OR behaves in a disorderly manner

Question 11

what is classed as an offensive manner

Answer 11

behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order

Question 12

what is classed as disorderly manner

Answer 12

behaves in a seriously disruptive manner that causes a disturbance to public order

Question 13

what does Summary Offences Act 1981 section 3 cover

Answer 13

disorderly behaviour likely to cause violence

Question 14

what does Summary Offences Act 1981, section 5A cover

Answer 14

disorderly assembly, when 3 or more people are gathered

Question 15

what is section 32(1) of Summary offences act

Answer 15

excreting in a public place

Question 16

what is the penalty for excreting in a public place

Answer 16

$200 fine

Question 17

what are the elements for excreting in a public place

Answer 17

urinates or defecates, in any public place

Question 18

what does section 32(2) of the summary offences act cover

Answer 18

it provides a good statutory defence that the offender had reasonable grounds for believing they would not be observed

Question 19

what does section 39(2) of summary offences act do

Answer 19

give power to arrest for excreting in a public place, but need to see this and get their name and address

Question 20

what is the penalty for resisting police

Answer 20

imprisonment not exceeding 3 months, or a $2000 fine

Question 21

where does the power of arrest come from for resisting police

Answer 21

can arrest without a warrant under section 39(1) of summary offences

Question 22

what are the elements for resisting police

Answer 22

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 23

what are the elements for obstructing police

Answer 23

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

Question 24

what is physical obstruction

Answer 24

physically using their body to deliberately make the police officers task more difficult or impossible to carry out

Question 25

what constitutes delaying the police

Answer 25

delaying the entry of police so that offenders may escape

Question 26

what is warning persons of police approach

Answer 26

warning persons who are actually offending that the police are approaching or endeavouring to detect a particular offence

Question 27

what is refusing to obey lawful instructions

Answer 27

refusing to carry out lawful instructions given to them by a constable

Question 28

what is telling untruths

Answer 28

telling untruths to an enquiring constable so that the offender who is sought may evade the constable