OF07: Fighting And Disorders Offences

Question 1

What are the elements for fighting in a public place.

Answer 1

• Fights

- In a public place

Question 2

What are the elements for offensive behavior?

Answer 2

-In a public place
OR
Within view of a public place

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

Question 3

What are the elements for disorderly behavior?

Answer 3

-In a public place
OR
Within view of a public place

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

Question 4

What are the terms for fights?

Answer 4

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

Question 5

What are the terms for public place?

Answer 5

A place that, at any material time, is open to or being used by public, weather free or on payment of a charge and weather any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place. And includes any air craft, train vessel etc..
Also includes the interior of a vehicle that is in a public place.

Question 6

What defence is available to persons charged under Section 32(1) erecting in a public place?

Answer 6

Section 32 (2) provides a statutory defense that the offender had reasonable grounds for believing they would not be observed.

Question 7

What are the elements for resisting police?

Answer 7

• Resist OR Incites or encourages any other person to resist.
• Any constable, Authorized officer, prison officers or traffic officer acting in the execution of their duty.

Question 8

What are the elements for Obstructing (resisting police)?

Answer 8

• Intentionally Obstructs OR Incites or encourages any other person to obstruct.
• Any constable, Authorized officer, prison officers or traffic officer acting in the execution of their duty.

Question 9

What is the definition of resist?

Answer 9

requires some degree of force by the offender.

Question 10

What is the definition of incites or encourages?

Answer 10

urge or persuade any other person to use some of degree of force.

Question 11

What is the definition acting in the execution of their duty?

Answer 11

the person must have been lawfully exercising their powers.

Question 12

What is the definition of intentionally obstructs?

Answer 12

Deliberately making it more difficult for a person to carry out their duties.