Fighting And Disorder Offences Flashcards
What are the elements of fighting in a public place?
Fights
In a public place
What constitutes fights?
Fighting is punching, striking, mauling, wrestling etc between two or more willing participants
Define incites or encourages
Urge or persuade any other person
Define acting in the execution of their duty
The person must be lawfully exercising their powers
Define offensive manner
Behaviour arousing feelings of anger; resentment disgust that causes a disturbance to public order
Define disorderly manner
Behaves in a seriously disruptive manner that causes a disturbance to public order
What are the elements of Offensive OR Disorderly behaviour?
In a public place OR Within view of a public place Behaves in a offensive manner OR Behaves in a disorderly manner
Define a public place
A place that at any material time
Is open to or being used by the public
Whether free or on payment
Whether any owner or occupier can lawfully eject a person
Includes a vehicle, ship, aircraft, train
That is carrying or available to carry passengers
And includes the interior of a vehicle which is in a public place
What are the elements for resisting police?
Resists
OR
Incites or encourages any other person to resists
Any Constable, AO,
Prison officer or traffic officer acting in the execution of their duty
Is Bob who is sitting in his car in the botanical gardens in a public place?
Yes, the interior of a vehicle in a public place will ALWAYS be a public place
What are the elements for Obstructs police?
Intentionally obstructs
OR
Incites or encourages any other person to obstruct
Any Constable, AO, Prison Officer, Traffic officer acting in the execution of their duty
Define resists
Requires some degree of force by the offender
Define intentionally obstructs
Deliberately makes it more difficult for a person to carry out their duties
