OF07 FIGHTING AND DISORDERLY IN PUBLIC

Question 1

Summary Offences Act 1981, section 7

Answer 1

Fighting in a public place

$1000 fine

Question 2

Fighting in a public place elements

Answer 2

Fights

In a public place

Question 3

Fights definition

Answer 3

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

Question 4

Fight vs

Assault

Answer 4

Not all incidents of people exchanging blows are fights. An innocent person
may merely be defending themselves from an assault.

Question 5

In a public place defenition

Answer 5

A place that, at any material time, is open to or is 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 any person from that place; and
includes any aircraft, hovercraft, ship or ferry or other vessel,
train, or vehicle carrying or available to carry passengers for
reward. Also includes the interior of a vehicle that is in a
public place

Question 6

What rule must be applied to street disorder when deciding on court action?

Answer 6

Time, place and

circumstances

Question 7

Summary Offences Act 1981, section 4(1)(a)

Answer 7

Offensive OR Disorderly Behaviour

$1000

Question 8

Elements of Offensive OR Disorderly Behaviour

Answer 8

In a public place OR Within view of a public place

Behaves in an offensive manner OR Behaves in a disorderly manner

Question 9

Within view of a

public place defenition

Answer 9

Within view of a place that, at any material time, is open to or is
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 any person from that place; and includes any
aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle
carrying or available to carry passengers for reward. Also includes
the interior of any vehicle which is a public place

Question 10

Behaves in an
offensive manner
OR
Behaves in a
disorderly manner

Defenition

Answer 10

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

Behaves in a seriously disruptive manner that causes a disturbance
to public order.

Question 11

Section 5A

Answer 11

Disorderly Assembly
three or more persons are
gathered in such a manner that others who are present fear violence or
disorder is about to occur.

Question 12

Section 32(1)

Answer 12

Excreting In A Public Place

Urinates or defecates
In any public place