Disorderly Offences Flashcards

1
Q

Fighting in a public place

Act

A

Section 7

Summary Offences Act 1981

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2
Q

Fighting in a public place

Penalty

A

$1000 fine

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3
Q

Fighting in a public place

Elements

A
  • Fights

- In a public place

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4
Q

Fights

Definition

A

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

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5
Q

In a public place

Definition

A

A place that, at any material time, is 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; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place

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6
Q

Disorderly behaviour likely to cause violence

Act

A

Section 3

Summary Offences Act 1981

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7
Q

Disorderly behaviour likely to cause violence

Penalty

A

3 months imprisonment or $2000 fine

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8
Q

Disorderly behaviour likely to cause violence

Elements

A
  • in a public place OR within view of a public place
  • behaves in OR incites or encourages any person to behave in
  • a riotous manner OR an offensive manner OR a threatening manner OR an insulting manner OR a disorderly manner
  • that is likely, in the circumstances, to cause violence against persons or property to start or continue
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9
Q

Behaves in

Definition

A

To act in manner

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10
Q

Incites or encourages any person to behave in

Definition

A

Urge or persuade any other person to behave in a manner

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11
Q

A riotous manner

A

Force or violence likely to cause alarm

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12
Q

An offensive manner

A

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

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13
Q

A threatening manner

A

Displays an intention to punish or hurt

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14
Q

An insulting manner

A

Behaviour that insults or seriously annoys

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15
Q

Disorderly manner

A

Behaves in a seriously disruptive manner that causes a disturbance to public order

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16
Q

That is likely, in the circumstances, to cause violence against persons or property to start or continue

A

The circumstances are such that violence to persons or property is likely to occur or continue because of the nature and magnitude of the behaviour

17
Q

Offensive OR disorderly manner

Act

A
Section 4(1)(a)
Summary offences act
18
Q

Offensive OR disorderly behaviour

Penalty

A

$1000 fine

19
Q

Offensive OR disorderly behaviour

Elements

A
  • in a public place OR within view of a public place

- behaves in an offensive manner OR behaves in a disorderly manner

20
Q

Disorderly assembly

Act

A

Section 5a

Summary offences act

21
Q

Disorderly assembly

Penalty

A

3 months imprisonment or $2000 fine

22
Q

Disorderly assembly

Elements

A
  • an assembly of 3 or more persons
  • in any public place
  • assemble to conduct themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds
  • that those assembled will
  • use violence against persons or property OR commit against section 3 of this act
23
Q

Excreting in a public place

Act

A
Section 32(1)
Summary offences act 1981
24
Q

Excreting in a public place

Penalty

A

$200fine

25
Q

Excreting in a public place

Elements

A
  • urinates or defecates

- in any public place

26
Q

Excreting in a public place

Defence

A
Offender had reasonable grounds for believing they would not be observed
Section 32(2) summary offences act 1981