Fighting in a Public Place

Question 1

Fighting in a Public Place Act and Section ?

Answer 1

Summary Offences Act 1981, Sec 7

Question 2

Fighting in a Public Place penalty ?

Answer 2

$1000 fine

Question 3

Fighting in a Public Place - Elements ?

Answer 3

• Fights

- In a Public Place

Question 4

Definition of a Public Place ?

Answer 4

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

Question 5

How many people must be fighting to be considered fighting ?

Answer 5

Two people must be willingly fighting

- cannot be a victim

Question 6

What is procedure for dealing with a fight ?

Answer 6

-Separate the parties involved.
• Interview each out of hearing of the other and obtain an explanation for the offence.
• Check for independent witnesses.
• Note the physical and mental state of the participants; for example, their level of sobriety