Offences Flashcards
Trespass at Night, Voyeurism, Mischief, Cause Disturbance, Publication Intimate Image, Utter Threats & Criminal Harassment
Trespass at Night
s.177 summary Reverse Onus
Everyone who:
- without lawful excuse
- loiters (no intent) or prowls (evil intent)
- at night on the property of another person
- near a dwelling house situated on that property
Loiter
hanging around without purpose
Prowls
sneaking around
Night
9pm-6am
Near a dwelling house
must be in reasonable distance
Dwelling House
any building used as a permanent or temporary residence and includes:
- a building within the curtilage of a dwelling house connected by doorway or enclosed/covered passage way and
- unit designed to be mobile and used as a permanent or temporary residence (rv in driveway)
Curtilage = surrounding buildings/area on property
Voyeurism
s.162(1) dual
Everyone commits an offence who,
- surreptitiously (secretly, avoiding attention) observes-including by mechanical or electronic means
OR
- makes a visual recording of a person
- who is in circumstances that give rise to a reasonable expectation of privacy, if
(a) person is in place where reasonably expected to be nude, to expose genitals/anal region/breast/ to be engaged in explicit sexual activity OR
(b) person is nude, exposing genitals/anal region/breasts/engaged in explicit sexual activity AND recoding is done to observe/record person in state or activity OR
(c) observation/recording done for a sexual purpose
Defence to Voyeurism
no person shall be convicted of an offence under this section if the acts alleged to constitute the offence serve the public good
Ex; nanny cam
Mischief
s.430(1) dual procedure
Everyone who WILFULLY:
(a) destroys or damages property
(b) renders property dangerous, useless, inoperative or ineffective
(c) obstructs, interrupts or interferes with the lawful use or enjoyment of property; OR
(d) obstructs, interrupts or interferes with any person in the lawful use or enjoyment or operation of property
Wilfully Causing Event to Occur
Colour of Right - shall not be convicted if acting with legal justification or excuse
Interest
- if person has partial interest in what is destroyed they can still be convicted of an offence if they cause destruction/damage
- if person has total interest in what is destroyed they can still be convicted of an offence if destruction was done with intent to defraud
Disturbance
an act causing annoyance or disquiet interrupting the peace.
Mere annoyance does not count, must interfere with the ordinary use of the premises
Cause Disturbance
s.175(1) summary
Every one who:
- NOT BEING in a dwelling house causes a disturbance in or near a public place by;
(i) by fighting, screaming, shouting, swearing, singing or using insulting/obscene language
(ii) by being drunk, or
(iii) by impeding or molesting persons
(b) Openly eposes or exhibits an indecent exhibition in a public place
(c) Loiters in a public place and in anyway obstructs persons who are in that place, or
(d) Disturbs occupants of a dwelling-house by discharging firearms or by other disorderly conduct in a public place or who, not being an occupant of a dwelling-house comprised in a particular building or structure, disturbs TWO OR MORE occupants, in any part of a building or structure to which, at the time of such conduct, the occupants of two or more
dwelling-houses comprised in the building or structure have access as of right or by invitation, express or implied
Evidence of a Peace Officer
- evidence of a peace officer relating to the conduct of a person, whether ascertained or not, that a disturbance or an obstruction was caused or occurred can be used by the court to substantiate by impeding or molesting
- police officer can give evidence and the court can draw an inference that the residents of the homes were disturbed
Reckless
knows but does not care about the consequences of their actions
Willful Blindness
deliberate failure to make a reasonable inquiry of wrongdoing despite suspicion or an awareness of the high probability of its existence
Publication of an Intimate Image without Consent
s.162.1(1) dual
Everyone who knowingly
- publishes, distributes, transmits, sells, makes available, advertises an intimate image
- knowing/being reckless that the person in the image did not consent
Intimate Image
- visual recording - photo, film, video recording
- person is nude, exposing genitals/anal region/breasts, or engaged in explicit sexual activity
- circumstances that give rise to a reasonable expectation of privacy
- person depicted retains a reasonable expectation of privacy at the time recording was done
Threatening (uttering threats)
s. 264.1 dual
everyone who in any manner
knowingly utters, conveys or causes any person to receive a threat
(a) to cause death or bodily harm
(b) burn, destroy or damage property OR
(c) kill, poison or injure an animal that is property of any person
- Do not need the receiving person to fear (person does not need to be aware threat is serious)
Person has to intend to utter threat and for threat to be intimidating/taken seriously*
In any manner
means to convey
- orally
- in writing
- gesture
- or by third party
Criminal Harassment (stalking)
s.264 dual
No person SHALL
- without lawful authority
- knowing/recklessly that another person is harassed
- engage in conduct referred in (2)
- causing person reasonably fear for their safety or anyone known to them
Prohibited Conduct
s.264(2)
(a) Repeatedly follow the person or anyone know to them
(b) Repeatedly communicate, directly or indirectly, the person or anyone know to them
(c) Besetting or watching the dwelling, or place of the person or any one known to them resides, works, carries on business or happens to be
(d) Engaging in threatening conduct directed towards the person or any member of their family
*repeatedly in case law means more than once but section c,d is only once
Methods of Harassment
- phone calls
- letters
- verbal or physical threats
- surveillance
- photographing
- vandalism
- appearing at victims workplace, school or home
- email/texts/social media
