OF07 FIGHTING AND DISORDER

Question 1

Summary Offences Act 1981 Section 7: Fighting in a public place.

Answer 1

Elements:
- Fights
- In a public place
$1000 fine

Question 2

Fights

Answer 2

Fighting is punching, striking, mauling, wrestling etc between two or more willing participants.

Question 3

Summary Offences Act 1981 Section 4(1)(a) Offensive or Disorderly Behaviour.

Answer 3

Elements: 
- In a public place.
or
- Within view of a public place
- Behaves in an offensive manner 
or
- behaves in a disorderly manner.
$1000 Fine

Question 4

Summary Offences Act 1981 Section 3 disorderly behaviour likely to cause violence.

Answer 4

Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000 who, in or within view of any public place, behaves, or incites or encourages any person to behave, in a riotous, offensive, threatening, insulting, or disorderly manner that is likely in the circumstances to cause violence against persons or property to start or continue.

Question 5

Summary Offences Act 1981 Section 5A Disorderly Assembly

Answer 5

A disorderly assembly is an assembly of 3 or more persons who, in any public place, assemble in such a manner, or so conduct themselves when assembled, as to cause a person in the immediate vicinity of the assembly to fear on reasonable grounds that the persons so assembled—
(a) will use violence against persons or property; or
(b)will commit an offence against section 3—
in that vicinity

Question 6

Summary Offences Act 1981 Section 32 (1) Excreting in a public place.

Answer 6

Elements:

• Urinates or defecates
• In any public place.

Question 7

Defence or Section 32 (1)

Answer 7

S32 (2) Provides a statutory defence that the offender had reasonable grounds for believing they would no be observed.

Question 8

Powers to arrest for Excreting in a public place.

Answer 8

you can arrest under section 39 SOA 1981 but only if the act is seen directly by a constable.

Question 9

Summary Offences Act 1981 Section 23 (a) Resisting Police, prison, or traffic officer.

Answer 9

Elements:
- Resists
or
- Incites or encourages any other person to resist.
- Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty.

Question 10

Summary Offences Act 1981 Section 23 (a) Resisting Police, prison, or traffic officer.

Answer 10

Elements:

• Intentionally obstructs.
• Incites or encourages any other person to obstruct.
• Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty.