OF07 Behaviour Offences Flashcards
What is the definition of a ‘public place?
A place that at a material time
Is open to, or, being used by the public
Whether free or on payment of 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, Other Vessel, Train, Vehicle
That is carrying or available to carry passengers for reward
And includes the interior of any vehicle which is in a public place
State the elements of fighting
Fights: proven by punching, striking, mauling wrestling etc, between two or more participants
In a public place: proven by - a place that any material time, is open to or is being used by the public, whether free or on payment of charge, and whether any owner or occupier is legally entitled to exclude or eject any person
what is the Section, Act and penalty for fighting?
Fighting in a public place
Section 7 Summary Offences Act 1981
penalty $1000
What is the section , Act and penalty for Offensive or Disorderly Behaviour?
Offensive OR Disorderly Behaviour
Section 4 (1)(a) Summary offences Act 1981
penalty $1000
What are the elements of Offensive or Disorderly Behaviour?
In a public place
OR
Within view of a public place
Behaves in an offensive manner: behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order
OR
Behaves in a disorderly behaviour: behaves in a seriously disruptive manner that causes a disturbance to public order
What is the section, Act and penalty for Disorderly behaviour likely to cause violence?
Section 3 Summary Offences Act 1981
penalty 3 months imprisonment/$2000 fine
What are the elements of “Disorderly behaviour likely to cause violence”?
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
What are the main Street Disorder Behaviour Offences?
Section 3 Disorderly behaviour likely to cause violence
Section 4(1)(a) Offensive or Disorderly Behaviour
Section 5A Disorderly assembly (group of 3 or more)
Section 32(1) Excreting in a Public Place
what are the two acts for Resisting or Obstructing Police
Section 23(a) Summary Offences Act 1981
Resisting Police
penalty 3 months imprisonment/$2000 fine
Section 23(a) Summary Offences Act 1981 Obstruction (Resisting Police) penalty 3 months imprisonment/$2000 fine
What are the elements of Resisting Police
Resists
OR
Incites or encourages any other person to resist
Any constable of authorised office or prison officer or traffic officer acting in the execution of their duty
What are the elements of Obstruction?
Intentionally obstructs
OR
Incites or encourages any other person to obstruct
Any constable of authorised office or prison officer or traffic officer acting in the execution of their duty
what is the definition of “resists”
requires some degree of force by the offender
What is the definition of “intentionally obstructs
deliberately making it more difficult for a person to carry out their duties
what is the definition of “incites or encourages”
urge or persuade someone to make it more difficult for the person to carry out their duties
What is the definition of “acting in the execution of their duties”
the person must have been lawfully exercising their powers
