Behaviour offences Flashcards
The Public Place
“A place that at any MATERIAL time”
“Is open to orbeing used by the public”
“Whether free or on payment of a charge”
“And whether any owner or occupier of the place is lawfully entitled to exclude or eject that person from that place”
Includes any Vehicle (aircraft, ferry etc) that is carrying or available to carry passengers for reward”
“Includes the interior of any vehicle which is in a public place”
“一个在任何重要时间”
“向公众开放或被公众使用”
“免费或收费”
“以及该地方的任何业主或占用人是否合法有权将该人排除或驱逐出该地方”
包括任何运载或可运载乘客领取酬金的车辆(飞机、渡轮等)。
“包括在公众地方的任何车辆的内部”
Fighting in a Public Place
Summary Offences Act 1981, section 7
Fights
In a public place
Fights
Fighting is punching, striking, mauling, wrestling, etc, between
two or more willing participants.
Penalty of fight in public
$1000 fine
Offensive OR Disorderly Behaviour
Summary Offences Act 1981, section 4(1)(a)
Elements:
In a public place
OR
Within view of a public place
behaves in an offensive manner
OR
Behaves in a disorderly manner
在公共场所 或 在公共场所视野内的
举止无礼的 或 行为不守规矩
Offensive means ?
Behaves in a manner arousing feelings of anger resentment or disgust that causes a disturbance to public order.
扰乱公共秩序的行为引起愤怒、怨恨或厌恶的情绪。
Disorderly means?
Behaves in a seriously disruptive manner that causes a disturbance to public order
行为严重破坏秩序,扰乱公共秩序的
within view of a public place CONSIDER:
*Time
*Place
*Circumstance
Penalty for Offensive OR Disorderly Behaviour
$1000
Excreting In A Public Place: Section 32(1)
Penalty?
Elements:
Urinates or defecates
In any public place
¥200
Differences of Incite煽动 or encourage
‘Encourage’ means to advise or suggest; ‘incite’ means to arouse or stimulate.
The difference lies in the degree of ‘encouragement‘
Intentionally Obstructs
Obstruction阻挠
Deliberately making it more difficult for a person to carry out their duties.
Resisting Police
Summary Offences Act 1981, section 23(a)
ELEMENT & PENATY
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
抗拒或煽动或鼓励他人反抗
任何警务人员、获授权人员、监狱人员或交通人员在执行其职务时的行动
Obstruction (Resisting Police)
Summary Offences Act 1981 Section 23(a)
Intentionally obstructs
OR
Incites or encourages any other person to obstruct
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
Incites or encourages any other person to obstruct
Urge or persuade any other person to make it more difficult for the person to carry out their duties.