SOA 1981 Flashcards
What is S11(1)(a) about? SOA81
Willful Damage
What are the elements of Willful Damage?
- Intentionally
- Damages
- Property
What’s the definition of Damages?
Temporary or permanent reduction in the value or usefulness of the property.
What’s the definition of Intentionally?
A deliberate or careless act without lawful justification, excuse or claim of right.
What’s the definition of Reckless?
Where the possible consequences are foreseen but continues the act regardless of the risk.
What is S.11A about? SOA81
Graffiti vandalism, tagging, defacing.
What is S.11B about? SOA81
Possession of graffiti implements.
What is S.14A about? SOA81
The sale of spray cans to people under 18 years old.
What is S.14B about? SOA81
Access to spray cans in shops has to be restricted.
What’s the defense to selling spray cans to U18’s?
The spray can is sold by an educational institution to its students to enable them to complete course work.
An age document has been presented and the seller believed on reasonable grounds that the document was legit.
What is S.7 about? SOA81
Fighting in public.
What the elements of fighting in public?
- Fights
- in a public place.
What’s the definition of Public place?
A place that is open or being used by the public, whether free or paid. Includes, ferries, trains and taxi’s. Also includes the interior of vehicles that are in a public place.
REMEMBER: Would you be comfortable naked there?
What’s the definition of Fighting?
Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants.
What is S.3 about? SOA81
Disorderly behaviour likely to cause violence.
What are the elements of Disorderly behaviour likely to cause violence?
In a public place OR in view of a public place > Behaves in OR incites behavior in
- A riotous OR offensive OR Threatening OR Insulting OR Disorderly manner
- That is likely to cause violence against person or property.
What’s an example of disorderly?
At 10:00pm, calling for two hours for cats, affecting residents’ sleep and quiet time.
What is S.4 about? SOA81
Offensive OR Disorderly Behavior.
What’s the definition of behaves in a disorderly manner?
Behaves in a seriously disruptive manner that causes a disturbance to public order.
What’s the definition of behaves in a offensive manner?
Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.
What is S.5A about? SOA81
Disorderly Assembly.
What are the elements of Disorderly Assembly?
An assembly of 3 or more persons
- In any public place
- Assemble or conduct themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds
- That those assembled will
- Use violence against person OR Commit an offence against S3.
Do you have powers of arrest for S.5A? SOA81
Yes, those can be found in S.39.
What is S.32 about? SOA81
Excreting in a public place.
Can you arrest someone for Excreting in a public place.?
Yes, only if you have SEEN the act AND they fail to give their full name and address on demand.
In regards to disorderly behavior, what is the “Time, place and circumstances rule?”
This rule is the overriding determinant of whether police intervention is warranted or not.
What is S.23(a) about? SOA81
Risisting and Obstructing Police.
What the the elements of Resisting Police?
- Resists
- Any officer acting in the execution of their duty.
What the the elements of Obstructing Police?
- Intentionally obstructs
- Any officer acting in the execution of their duty.
How do you define resists?
Resisting requires some degree of force from the offender.
How do you define intentionally obstruct?
Deliberately making it more difficult for a person to carry out their duties.
How do you define incites or encourages?
urge or persuade someone to make it more difficult for the person to carry out their duties.
What is S.28 of SOA81?
Preparing to commit an imprisonable offense.
What are the elements of Preparing to commit an imprisonable offense?
- Found
- In any public place
- Behaving in a manner from which it can be reasonably inferred that the person is
- Preparing to commit an imprisonable offense.
