OF07: Fighting and Disordered Offences

Question 1

Definition of Public Place

Answer 1

• 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
  e. g. not fitting with dress standard etc
• and includes any aircraft, hovercraft, ship, ferry, train, vehicle
• that is carrying or available to carry passengers for a reward
• and includes the interior of any vehicle which is in a public place

Question 2

Elements of fighting in a public place Section 7

Answer 2

• Fights

- In a public place

Question 3

Fights

Answer 3

• must be between two willing participants

Question 4

Elements of Offensive or Disorderly Behaviour Section 4

Answer 4

• In a public place OR within a view of a public place

- Behaves in a offensive manner OR behaves in a disorderly manner

Question 5

Offensive behaviour

Answer 5

Manner arousing in feelings of anger, resentment or disgust that causes a disturbance to public order

Question 6

Disorderly behaviour

Answer 6

Seriously disruptive behaviour manner than causes a disturbance to public order

Question 7

SOA 1981 Section 3

Answer 7

Disorderly behaviour likely to cause violence

e.g. offensive, riotous, threatening

Question 8

SOA 1981 Section 5A

Answer 8

Disorderly assembly

Where three or more people are gathered that others present would fear violence or disorder about to occur

Question 9

Prohibition of Gang Insignia

Answer 9

On premises and any associated grounds of

• Public service departments
• Police
• Crown entities
• local authorities
• schools

Question 10

Section 32 Excreting in a public place

Answer 10

• Urinates or defecates
• In any public place

Defence: reasonable grounds for believing they wouldn’t be seen

$200 fine