OF07: Behavior Offences Flashcards
What are the Elements of Fighting in a Public Place?
- Fights
- In a public place
Define “fights”
Punching, striking, mauling, wrestling between two or more
Define “In a public place”
A place that, at any material time, is open or is being used by the public, whether free or on payment of charge
What are the Elements of Offensive Behaviour?
- In a public place
OR
Within view of a public place - Behaves in an offensive manner
What are the Elements of Disorderly Behaviour?
- In a public place
OR
Within view of a public place - Behaves in a disorderly manner
What are the Elements for Excreting in a Public Place?
- Urinates
OR
Defecates - In any public place
What is the defence for excreting in a public place?
Reasonable ground for believe they would not be observed
What are the Elements of Resisting Police?
- Resists
OR
Incites or encourages any other person to resist - Any constable acting in the execution of their duty (authorised /prison/traffic officer)
What are the Elements of Obstruction?
- Intentionally obstructs
OR
Incites or encourages any other person to obstruct - Any constable acting in the execution of their duty (authorised, prison, traffic officer)
Explain “Resists” in relation to Resisting/Obstructing Police
Physical reaction, active resistance to arrest. Some degree of force
Explain “Intentionally Obstructs”
Deliberately making it hard for a person to carry out their duties. Stopping an arrest
Explain “Incites or Encourages” in relation to Resisting/Obstruction
Urge or persuades any person to make it hard for a person to carry out their duties
Explain “Acting in Execution of their Duty”
The person must have been lawfully exercising their powers
What is a “Public Place”
A place, that at any material time,
Is open to, or 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 that person from that place
And includes any aircraft, hovercraft, ship, ferry, vessel, train, vehicle
That is carrying or available to carry passenger for reward.
And included the interior of any vehicle which is in a public place