Crowd Control And Public Order Offences

Question 1

What Is the importance of DPP v Gribble?

Answer 1

Its relevant to the assessment of all offences where police are reauired to be in the execution of their duty.

It more or less codifies section 6 of the police act and reinenforces section 6(2)(a) that the mission and functions of the NSWPF is to provide police service for NSW and include the services listed in section 6(3) of the police act. It held that all police have the power authority and duty to prevent crime, protect persons from injury or death.

Question 2

What does police service mean cite authority?

Answer 2

Section 6(3) Police Act: police service means
A) services by way of prevention and detection of crime and
B) the protection of person’s from injury or death and property from damage whether arising from criminal acts or in any other way and
C) the provision of essential services in emergencids and
D) any other service prescribed by the regulations.

Question 3

Explain what a breach of the peace is and cite authority?

Answer 3

R v Howell (1981):
Whether harm is actually done to a person
Whenever harm is likely to be done to a person
When in a persons presence harm is done to that persons property or
When a person is in fear of being so harmed through an assault array a riot or unlawful assembly or other disturbance.

Question 4

Do police have powet to enter private premises to prevent a breach of the peace?

Answer 4

Yes section 9 LEPRA, power to enter in emergencies if believe on reasonable grounds breach of the peace is being or is likely to be committed.

Question 5

What is section 546C Crimes Act?

Answer 5

Offence of Hinder/resist or wilfully obstruct police officer.

Question 6

What is section 58 crimes act

Answer 6

Assault police with intent to resist or hinder

Question 7

What is the difference between s546C and s58 crimes act?

Answer 7

S546c is a summary Offence punishable by 12 months imprisonment or 10 penalty units.

S58 crimes act: is an indictable offence and carries 5 years imprisonment. S 58 requires an assault and also hinder.

Question 8

What power do police have to give directions in public places? Cite authority

Answer 8

S197 LEPRA: a police officer may give a direction to a person in a public place if the officer believes on reasonable grounds that the person’s behaviour or prescence behaviour or prescence in that place referred to in this part as relevant conduct:
A) is obstructing another person or persons or traffic
B) constitutes harassment or intimidation of another person or persons
C) causing or likely to cause fear to another person or person’s so long as the relevant conduct wpuld be such as to cause fear to a person or reasonable firmness.
D) is for the purpose of unlawfully supplying or intending to unlawfully supply or soliciting another person or persons to unlawfully supply any prohibited drug.

Question 9

When can’t police give directions under section 197 LEPRA?

Answer 9

S200 LEPRA provides police cant exercise power to give directions:
An industrial dispute; or
An apparently genuine demonstration or protest; or
A procession; or
An organised assembly

Question 10

Is there any exception to section 200 LEPRA?

Answer 10

Yes 200(2) LEPRA provides that a police officer is not precluded from giving a direction if it is necessary to deal with a serious risk to thw safety of the person to whom the direction is given or to any other person.

S200(3) LEPRA can give direction to group that is obstructing traffic.

Only applies to demonstrations/protest/procession/assembly but does not include industrial dispute.

Question 11

What is section 93B Crimes Act?

Answer 11

Offence of riot.

Question 12

What is the punishment for riot?

Answer 12

Section 93B(1) Crimes Act 15 years.

Question 13

What are the elements of the offence for riot cite authority?

Answer 13

R v Asquith:
1. Defendant was one of 12 persons
2. Who was present together
3 who did use or threaten unlawful violence for a common purpose and
4. That conduct of those persons would cause a person of reasonable firmness at the scene to fear for their personal safety

Question 14

Do all persons in a riot have to use or threaten unlawful violence?

Answer 14

No. S93B(2) crimes act. Dont need to use or threaten unlawful violence simultaneously

Question 15

Does a person of reasonabke firmness need to be present at the scene for a person to be convicted of a riot?

Answer 15

No. 93B(4) crimes act.

Question 16

Can a riot occur in a private place

Answer 16

S93B(5) crimes act: riot may be committed in private as well as public places

Question 17

What is 93C of the Crimes Act?

Answer 17

Offence of affray

Question 18

What is the punishment for an affray

Answer 18

S93C(1) crimes act 10 years.

Question 19

Can you commit an affray in a private place?

Answer 19

Yes. It can be public and private

Question 20

What is the elements of an offence of affray?

Answer 20

A person
Uses or threatened unlawful violence towards another person
And the conduct of the person (s) would cause a person of reasonable firmness at the scene to fear for their personal safety.

Question 21

Who are the three parties the offence of affray envisages?

Answer 21

The person(s) using or threatening unlawful violence.
A person towards whom the violence or threat is directed and
A person of reasonable firmness who need not actually be or be likely to be present at the scene.

Question 22

What is the difference between riot and affray?

Answer 22

1. Riot must include 12 or more person’s and an affray can be constituted by 1 person.
2. Riot can be by the use of threat or unlawful violence towards person’s, property or other violence and an affray must be directed towards a person.
3. Words alone can not constitute an affray.
4. Punishment for riot =15 yrs and affray =10 years.

Question 23

What is the mens rea for riot or affray?

Answer 23

S93 D Crimes Act provides that for the purposes of 93B amd 93C:

1) a person is guilty of riot only if the person intends to use violence or is aware that their conduct may be violent.
2) a person is guilty of an affrag only if the person intends to use or threaten violence or is aware that their conduct may be violent or threaten violence (Colosimo and Ors v DPP)

Therefore mens rea is intention

Question 24

Define violence in the crimes act

Answer 24

S93A violence means any violent conduct so that (exceot for 93c affray) it includes violent conduct towards property as well as violent conduct.

B) includes causijg or intending to cause injury or damage and other violent conduct such as throwing a missile which does not hit someone or might fall short.

Question 25

What is section 11A summary Offence?

Answer 25

Offence of violent disorder

Question 26

What is the elements of the offence for violent disorder?

Answer 26

S11A summary offences act:

1. Three or more person’s
2. Who are present togerher
3. Use or threaten unlawful violence and the conduct of them taken together would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.

Question 27

What happens if one of the defendants is acquitted of violent disorder?

Answer 27

Depends on the number of persons involved in the violent disorder offence.
The reason as to why the magistrate dismissed the charge is also relevant. If the violent disorder only involved 3 persons then it may be the case the offences against all parties may fail but depends on the reasoning given by the magistrate against the first offender.

Question 28

What is the punishment for violent disorder?

Answer 28

6 months or 10 penalty units.

Question 29

What is difference between affray and violent disorder?

Answer 29

Affray requires 1 or more person violent disorder requires 3 or more.

Affray is directed at persons only, violent disorder the conduct can be directed at persons/property/other violent conduct.

Affray: words alone cannot constitute thr offenc, violent disorder words may constitute the offence.

Affray is T1 offences, can be dealt with summarily no statute of limitations. Violent disorder summary matter (6months statute limitations.)

Question 30

Is self defence available for riot, affray and violent disorder offences?

Answer 30

Yes. Colosimo and Others v DPP. An act that is done in self defence is not an unlawful act. Statutr is to be interpreted in conformity with commkn law and unless there is an intention within the statute to alter the position the fact that swlf defenxe was at commonlaw was an answer to the charge of an affray the presumption is that s418 crimes applies.