Behaviour Offences OF07

Question 1

Definition of a Public Place

Answer 1

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/hovercraft/ship etc.

Question 2

Does the interior of a vehicle include a public place?

Answer 2

Yes

Question 3

Does the interior of a vehicle that is parked in your driveway considered a public place?

Answer 3

No.

Question 4

Is Eden park a public place?

Answer 4

Yes

Question 5

Is a bus carrying passages a public place?

Answer 5

Yes

Question 6

Fighting in a Public Place (Summary of Offences Act 1981 Section 7): Elements

Answer 6

1. Fights.
2. In a public place.

Question 7

Definition of fighting

Answer 7

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

Question 8

Do you have to charge both people involved in the fight?

Answer 8

No, you can charge only one person if the other person somehow gets away.

Question 9

Offensive or Disorderly Behaviour Elements

Answer 9

1. In a public place
   OR
   Within view of a public place
2. Behaves in an offensive manner
   OR
   Behaves in a disorderly manner

Question 10

Definition of Behaves in an Offensive Manner

Answer 10

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

Question 11

Definition of Behaves in a Disorderly Manner

Answer 11

Behaving in a seriously disruptive manner that causes disturbance to public order.

Question 12

Excreting in a Public Place

Answer 12

$200 fine.

Question 13

Elements for Excreting in a Public Place

Answer 13

1. Urinates or Defecates
2. In any public place.

Question 14

If someone was yelling racial slurs outside their house, would that be considered an offense under Offensive Behaviour?

Answer 14

Yes because even though they are inside their house which is a private area, because they are within view of the public then it is considered acting in an Offensive manner.

Question 15

Elements of Resisting Police

Answer 15

1. Resists
   OR
   Incites or encourages any other person to resist.
2. Any constable or authorised officer or traffic officer acting in the execution of their duty.

Question 16

Definition of incites or encourages to resist

Answer 16

Urge or persuade any other person to use some degree of force while being arrested.

Question 17

Elements of Obstructing Police

Answer 17

1. Intentionally obstructs
   OR
   Incites or encourages any other person to obstruct.
2. Any constable or authorised officer or traffic officer acting in the execution of their duty.

Question 18

Definition of incites or encourages to obstruct

Answer 18

Urge or persuade any other person to make it more difficult for the person to carry out their duties.