OF07 Fighting and Disorder Offences

Question 1

What are the elements of Fighting in a Public Place (Section 7, Summary Offences Act 1981)?

Answer 1

1: Fights
2: In a public place

Question 2

How is the element of “fights” proven?

Answer 2

Fighting is punching, striking, mauling, wrestling, etc, between 2 or more willing participants

Question 3

What are the elements of Offensive OR Disorderly Behaviour (Section 4(1)(a), Summary Offences Act 1981)?

Answer 3

1: In a public place OR within view of a public place
2: Behaves in an offensive manner OR behaves in a disorderly manner

Question 4

How is the element of “Behaves in an offensive OR disorderly manner” proven?

Answer 4

Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order OR behaves in a seriously disruptive manner that causes a disturbance to public order