Behaviour Offences Flashcards
What are the elements of Fighting in a Public Place?
1) Fights
2) In a public place
What are the elements of Disorderly Behaviour Section 3 S/O Act (likely to cause violence)?
1) In or within view pf a public place
2) Behaves in or incites or encourages any person
3) a riotous or offensive or threatening or insulting or disorderly manner
4) Likely, in the circumstances, to cause violence against persons or property to start or continue
What are the elements of Offensive Behaviour or Language Section 04(1)(a) S/O act 1981?
1) In a public place OR Within view of a public place
2) Behaves in a offensive manner
What are the elements of Obstruction (Resisting Police), prison, or traffic officer s23(a) Summary Offences act 1981?
1) Intentionally obstructs
Or
Incites or encourages any other person to OBSTRUCT
2) Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duties
What are the elements of Excreting in a Public Place Section 32(1) S/O Act 1981?
1) Urinates or defecates
2) In any public place other than a public lavatory
Define what is meant by a Public Place
A place that, at any MATERIAL TIME, is open to or is being 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 any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train or vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place.
What is the difference between a fight and assault?
Not all incidents of people exchanging blows are fights. An innocent person may merely be defending themselves from an assault.
Explain the Time, Place, and Circumstance rule
This rule is the overriding determinant of whether police intervention is warranted or not.
Define Resists
Requires some degree of force by the offender
Define Intentionally obstructs
Deliberately making it more difficult for a person to carry out their duties.
Define Incites or Encourages
Urge or persuade someone to make it more difficult for the person to carry out their duties
Acting in the Execution of Duty
The person must have been lawfully exercising their powers
What are the elements of Resisting Police?
1) Resists
OR
Incites or encourages any other person to RESIST
2) Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duties
What are the elements of S/O Act Section 5(a) (Disorderly Assembly)?
1) An assembly of 3 or more people
2) In any public place
3) Assemble or conduct themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds
4) That those assembled will
5) Use violence against any persons or property
OR
Commit an offence against Section 3 of this Act.
What are the elements of Disorderly Behaviour or Language Section 04(1)(a) S/O act 1981?
1) In a public place OR Within view of a public place
2) Behaves in a disorderly manner