Behavioural Offences Flashcards
1
Q
Define: “Public Place”
A
- A place at a material time that is open to public
- Free or payment of charge
- Owner could eject from place
Includes: aircraft, train, vehicle carrying passengers or available to carry for reward (taxi) - Inside a vehicle in public place
2
Q
ELEMENTS: Fighting in Public Place
Section 7 Summary of Offences Act 1981
A
- Fights - 2 + people
2. Public place
3
Q
Street Disorder Offences
A
- Disorder Offences
- Excreting in Public Place
- Language Offences
* Must consider time, place and circumstances rule. Always use discretion
4
Q
ELEMENTS Offensive or disorderly Behaviour
Section 4 (1) (a)
A
- Public place
OR View of public place - Behaves in offensive manner
OR Behaves in disorderly manner
5
Q
ELEMENTS: Disorderly behaviour likely to cause violence
Summary of Offences Act 1981
Section 3
A
1. Public place
OR view of public place
2. Behaves in
OR encourages person to behave in
3. ROTID
- R: Rioted
- O: Offensive
- T: Threatening
- I: Insulting
- D: Disorderly
4. That is likely to cause violence against a person OR property
6
Q
Section 5A
A
Disorderly Assembly
- group of 3+
- Making others present fear violence or fear disorder about to occur
ie. Gang
7
Q
Section 32 (1)
A
Urinating and defecation in Public Place
$200
Warn
can’t arrest unless seen by officer and refusing to give details
Urinating on a restaurant may be offensive
8
Q
ELEMENTS Resisting Police
Section 23 (a)
A
- Resists
OR Encourages other person to resist - Any constable or authorized officer on duty
9
Q
ELEMENTS Obstructing Police
Section 23 (a)
A
- Intentionally obstructs
OR Encourages others to intentionally obstruct - Any constable or authorized officer on duty
10
Q
R O T I D
A
Rioting Offensive Threatening Insulting Disorderly
11
Q
Section 7 Summary Offences Act 1981
A
Fighting in public place
