Offences- Fighting And Disorder

Question 1

What does “public place” mean?

Answer 1

A place at any material time is open to or being used by the public.

Whether free or payment of charge

Any owner is lawfully entitled to eject or exclude that person from that place

Question 2

Where can you find the the definition of a “public place”?

Answer 2

Section 2(1) and 2 of the Summary Offences Act 1981

Question 3

What are the elements and section/Act for “fighting in a public place”?

Answer 3

Section 7 of the summary of Offences act 1981

• fight -punching, striking, wrestling etc
• in a public place

There must be at least 2 people involved and willingly fight with each other.

Question 4

Define disorderly behaviour

Answer 4

In a public place or Within few of a public place,

Behaves in or incites or encourages any person to behave in,

A riotous, Offences, threatening or insulting manner.

Question 5

What section of the S.O Act 1981 does disorderly behaviour come under?

Answer 5

Section 3

Question 6

Offensive or Disorderly Behaviour?

Answer 6

In a public place
Or
Within with of a public place
Behaves in an offensive or disorderly behaviour.

Offensive: group of kids on Anzac Day yelling seig heil.

Disorderly: constantly yelling at cats for more then 2 hours at 3am