Public Order Offences

Question 1

What are the four points for the role’ of police in a crowd situation?

Answer 1

1. Maintain public order.
2. Duty to keep the peace.
3. Take all reasonable steps to prevent and end breaches of peace.
4. Protect persons and property.

Question 2

What does the case of DPP v Gribble say?

Answer 2

All police have the power, authority and duty to prevent crime, protect persons from injury or death.

Question 3

R v Howell defines breach of the peace there are 4 points? (FLAP)

Answer 3

Fear of being harmed through an assault.
Harm is likely to be done to a person.
Harm is actually done to a person.
In persons presences harm is done to property.

Question 4

What things can police do in breach of the peace scenarios?

Answer 4

Can take reasonable steps to prevent breach of the peace.
Can enter private premises to prevent a breach of the peace.
Breach of peace can occur in private or public place.

Question 5

What is required for police to enter under Section 9 of LEPRA?

Answer 5

Reasonable Belief
Breach of the peace
is being or likely
Can remain as long as reasonably necessary in the circumstance.

Question 6

What directions can police give under S.197 LEPRA?

Answer 6

A direction, police suspect on reasonable grounds, persons behavior or presences:
Obstructing persons or traffic.
Harassing or intimidating another.
Is causing or likely to cause fear to person of reasonable firmness.
Supply drugs.
Procuring drugs.

Question 7

Section 200 restricts power to give directions?

Answer 7

If it is a industrial dispute.
Genuine demonstration or protest.
Organised assembly.

Question 8

What is the criteria of Riot?

Answer 8

Section 93B Crimes Act.
15 yr penalty.
Requires 12 or more persons.
Private or public place.
Towards person or property.
Use or threaten unlawful violence.
Common purpose.
The accused must use or threaten the violence.

Question 9

What is the criteria for Affray?

Answer 9

Section 93C Crimes Act.
10 yr penalty.
One or more persons.
Private or Public.
Use or threaten unlawful violence.

Question 10

What is the criteria for violent disorder?

Answer 10

Section 11A SOA
6mths or 10 penalty units.
Three or more persons.
Person or property.
Private or public place.
Use or threaten violence

Question 11

Do the 12 people in a Riot need to use/threaten violence simultaneously?

Answer 11

No.

Question 12

For these offences do people need to be present at the scene?

Answer 12

No person need actually be present.

Question 13

Can an affray be made out by words alone?

Answer 13

No Sub (3) stipulates.

Question 14

If a violent disorder or riot involves only the bare minimum number and one defendant is found to be not guilty do the other charges on defendants fail?

Answer 14

Yes it is possible they fail but may depend on reasons for the dismissal. If I.D is the reason then there are still 3 people. If one person is found to be acting in self defence and not using unlawful violence then the other 2 may fail.

Question 15

What does Colosimo v DPP say about unlawful violence?

Answer 15

The act does not expressly say that self defence applies, but where it outlines unlawful violence is an element if the actions of the accused were found to be self defence it would make them lawful.

Self defence is available in these offences.