Behaviour Offences- Summary Offence Act 1981 Flashcards

Behaviour offences - the elements

1
Q

Section 32

A
  1. Urinates/ excretes
  2. In a public place

Powers to arrest :39

Defence: section 32 provides a statutory defence that offender had no reasonable grounds to believe they would not be observed

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2
Q

Section 4: offensive or disorderly behaviour

A
  1. In a public place or in view of a public place

2. behaves in a offensive manner or behaves in a disorderly manner

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3
Q

Sections 3: disorderly behaviour likely to cause violence

A
  1. In a public place or in view of a public place
  2. Behaves in or encourages/incites any person to behave in a
    R.O.T.I.D described as Riotous, offensive threatening, insulting or disorderly behaviour
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4
Q

Section 5: disorderly assembly

A

Deals with a group situation where three or more people are gathered in such a manner that others present fead violence or disorder is about to occur
Example: gang or street kids shaping up to one another

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5
Q

Section 7

A

Fighting in a public place

  1. Fighting
  2. In a public place
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6
Q

Section 23 Obstruction

A
  1. intentionally obstructs or incites/encourages any other person to
  2. To obstruct any officer in the execution of their duties.
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7
Q

Prohibition of gang insignia

Elements?

A
  1. Government premisss5

2. Wearing insignia in it

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