OF07: Public Place, Fighting & Disorderly, Resist & Obstruct Flashcards

1
Q

Public place

A

A place at any material time
Is open to or used by the public
Whether free or payment
Whether any owner or occupier excludes or ejects a person
Any vehicle, aircraft, ship, train, etc
Includes the interior of a vehicle in a public place as a public place

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2
Q

Act & Section for Fighting in a public place

A

Summary Offences Act 1981

Section 7

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3
Q

Elements for Fighting

A

Fights

In a public place

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4
Q

Fights

A

Physical violence between two or more willing participants

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5
Q

What is the rule to be applied when using discretion?

A

Time, Place, circumstances

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6
Q

Types of disorderly offences

A

Offensive or Disorderly behaviour
Excreting in public place
Disorderly behaviour likely to cause violence
Disorderly assembly

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7
Q

Section & Elements for Offensive or Disorderly behaviour

A

Section 4, SOA 1981

In a public place or within view of the public place
Behaves in a offensive or Disorderly manner

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8
Q

Offensive

A

Causes a disturbance to public

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9
Q

Disorderly

A

Disruptive behaviour

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10
Q

Disorderly behaviour likely to cause violence

A

Section 3

Riotous, violent, offensive, threatening or insulting behaviour caused or may caused violence against persons or property to start with

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11
Q

Disorderly Assembly

A

Section 5A

A group of three or more people gather in a manner that causes fear of violence or disorder

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12
Q

Section & Elements for Excreting in a Public Place

A

Section 32(1)

Urinate or defecate
In any public place

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13
Q

Section and Elements for Resisting or obstructing Police

A

Section 23

Resist or intentionally obstruct
Any constable

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14
Q

Resist

A

Some degree of physical force to break free

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15
Q

Obstruct

A

Deliberately making police duties more difficult to execute

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16
Q

Incites

A

Urging or persuading others to use some degree of force or make police duties difficult

17
Q

Penalty for resist or obstruct

A

3 months prison

$2,000.00 fine