Disorderly Offences Flashcards
Fighting in a public place
Act
Section 7
Summary Offences Act 1981
Fighting in a public place
Penalty
$1000 fine
Fighting in a public place
Elements
- Fights
- In a public place
Fights
Definition
Fighting is punching, striking, mauling, wrestling, etc,between two or more willing participants
In a public place
Definition
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
Disorderly behaviour likely to cause violence
Act
Section 3
Summary Offences Act 1981
Disorderly behaviour likely to cause violence
Penalty
3 months imprisonment or $2000 fine
Disorderly behaviour likely to cause violence
Elements
- 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
Behaves in
Definition
To act in manner
Incites or encourages any person to behave in
Definition
Urge or persuade any other person to behave in a manner
A riotous manner
Force or violence likely to cause alarm
An offensive manner
Behaves in manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.
A threatening manner
Displays an intention to punish or hurt
An insulting manner
Behaviour that insults or seriously annoys
Disorderly manner
Behaves in a seriously disruptive manner that causes a disturbance to public order
That is likely, in the circumstances, to cause violence against persons or property to start or continue
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
Offensive OR disorderly manner
Act
Section 4(1)(a) Summary offences act
Offensive OR disorderly behaviour
Penalty
$1000 fine
Offensive OR disorderly behaviour
Elements
- in a public place OR within view of a public place
- behaves in an offensive manner OR behaves in a disorderly manner
Disorderly assembly
Act
Section 5a
Summary offences act
Disorderly assembly
Penalty
3 months imprisonment or $2000 fine
Disorderly assembly
Elements
- 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
Excreting in a public place
Act
Section 32(1) Summary offences act 1981
Excreting in a public place
Penalty
$200fine
Excreting in a public place
Elements
- urinates or defecates
- in any public place
Excreting in a public place
Defence
Offender had reasonable grounds for believing they would not be observed Section 32(2) summary offences act 1981
