Disorderly Offences Flashcards
What is a “public place”
A place at any material time (status can change ie. open/closed shop), is open or being used by the public, whether free or of charge, whether excluded/ejected by the occupier or owner.
Includes vehicle, ships, aircraft
What to remember with all offences?
Time, place, circumstance
Elements of: Fighting in a public place
- Fights
2. In a public place
Act, section and penalty of: Fighting in a public place
SOA 1981 S.7
$1000 fine
What is a fight?
Physical fight between two or more willing participants.
In a fight to charge a participant do all need to be present and charged?
No.
What do you need to consider before charging for Fighting in a public place?
If it was self defence (this will come from using VAWSEEPO)
Elements of: Offensive OR Disorderly Behaviour
- In a public place OR within view of a public place
- Behaves in an offensive manner OR
Behaves in a disorderly manner
Give an example of what is considered “within view of a public place”
A persons open yard that is a few meters from the main road.
Explain offensive manner..
Behaviour that arouses anger, disgust, resentment that causes public disturbance
Explain disorderly manner…
Seriously disruptive causing public disturbance
Act, section and penalty of Offensive OR Disorderly behaviour
SOA 1981 S.4 (1)(a)
$1000 fine
To remember: Disorderly behaviour likely to cause violence
Where violence has been cause or is likely to be caused
(Male drinking the middle of the road squaring up and shouting and gesturing at another to be a man and fight him)
This is SOA 1981 S.3
To remember: Disorderly Assembly
Group of 3 or more acting in a disorderly manner (usually gangs)
SOA 1981 S.5A
Remember: Prohibition of gang insignia in Government buildings
No patches/paraphernalia prohibited
