OF12/13: Behavior Offences

Question 1

What are the Elements of Fighting in a Public Place?

Answer 1

• Fights
• In a public place

Question 2

Define “fights”

Answer 2

Punching, striking, mauling, wrestling between two or more

Question 3

Define “In a public place”

Answer 3

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

Question 4

What are the Elements of Offensive Behaviour?

Answer 4

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

Question 5

What are the Elements of Disorderly Behaviour?

Answer 5

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

Question 6

What are the Elements for Excreting in a Public Place?

Answer 6

• Urinates
  OR
  Defecates
• In any public place

Question 7

What is the defence for excreting in a public place?

Answer 7

Reasonable ground for believe they would not be observed

Question 8

What are the Elements of Resisting Police?

Answer 8

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

Question 9

What are the Elements of Obstruction?

Answer 9

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

Question 10

Explain “Resists” in relation to Resisting/Obstructing Police

Answer 10

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

Question 11

Explain “Intentionally Obstructs”

Answer 11

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

Question 12

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

Answer 12

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

Question 13

Explain “Acting in Execution of their Duty”

Answer 13

The person must have been lawfully exercising their powers

Question 14

What is a “Public Place”

Answer 14

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