OF12/13: Behavior Offences Flashcards

1
Q

What are the Elements of Fighting in a Public Place?

A
  • Fights
  • In a public place
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2
Q

Define “fights”

A

Punching, striking, mauling, wrestling between two or more

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3
Q

Define “In a public place”

A

A place that, at any material time, is open or is being used by the public, whether free or on payment of charge

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4
Q

What are the Elements of Offensive Behaviour?

A
  • In a public place
    OR
    Within view of a public place
  • Behaves in an offensive manner
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5
Q

What are the Elements of Disorderly Behaviour?

A
  • In a public place
    OR
    Within view of a public place
  • Behaves in a disorderly manner
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6
Q

What are the Elements for Excreting in a Public Place?

A
  • Urinates
    OR
    Defecates
  • In any public place
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7
Q

What is the defence for excreting in a public place?

A

Reasonable ground for believe they would not be observed

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8
Q

What are the Elements of Resisting Police?

A
  • Resists
    OR
    Incites or encourages any other person to resist
  • Any constable acting in the execution of their duty (authorised /prison/traffic officer)
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9
Q

What are the Elements of Obstruction?

A
  • Intentionally obstructs
    OR
    Incites or encourages any other person to obstruct
  • Any constable acting in the execution of their duty (authorised, prison, traffic officer)
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10
Q

Explain “Resists” in relation to Resisting/Obstructing Police

A

Physical reaction, active resistance to arrest. Some degree of force

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11
Q

Explain “Intentionally Obstructs”

A

Deliberately making it hard for a person to carry out their duties. Stopping an arrest

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12
Q

Explain “Incites or Encourages” in relation to Resisting/Obstruction

A

Urge or persuades any person to make it hard for a person to carry out their duties

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13
Q

Explain “Acting in Execution of their Duty”

A

The person must have been lawfully exercising their powers

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14
Q

What is a “Public Place”

A

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
And includes any aircraft, hovercraft, ship, ferry, vessel, train, vehicle
That is carrying or available to carry passenger for reward.
And included the interior of any vehicle which is in a public place

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