Street Disorder Behaviour Offences

Question 1

What are the Elements for Disorderly Behaviour likely to cause violence ?

Answer 1

• In a Public place OR Within view of a Public place
• Behaves in OR Incites or encourages any person to behave in
• A righteous/Offensive/threatening/Insulting/Disorderly Manner
• That is likely, in the circumstances, to cause violence against persons or property to start or continue.

Question 2

What Act and Section is Disorderly Behaviour likely to cause violence ?

Answer 2

Summary Offences Act 1981, Sec 3

Question 3

What is the penalty for Disorderly Behaviour likely to cause violence ?

Answer 3

3 months imprisonment / $2000 fine

Question 4

Definition of a Public Place ?

Answer 4

A place that, at any material time, is open to or is 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 any person from that place;
and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward.
Also includes the interior of any vehicle which is in a public place.

Question 5

What are the Elements for Offensive OR Disorderly Behaviour ?

Answer 5

• In a public place OR within view of a public place

- Behaves in an offensive manner OR Behaves in a disorderly manner

Question 6

What Act and Section is Offensive or Disorderly Behaviour ?

Answer 6

Summary Offences Act 1981, Sec 4 (1)(a)

Question 7

What is the penalty for Offensive or Disorderly Behaviour ?

Answer 7

$1000 fine

Question 8

Definition - Behaves in an offensive manner ?

Answer 8

Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.

Question 9

Definition - Behaves in a disorderly manner ?

Answer 9

Behaves in a seriously disruptive manner that causes a disturbance to public order

Question 10

What rule must be applied to each and every incident ?

Answer 10

Time
Place
and Circumstance rule

Question 11

How many must be present to make up a disorderly assembly ?

Answer 11

3 or more

Question 12

What power of arrest do we have for disorderly assembly ?

Answer 12

Summary Offences Act 1981, section 39 (1)

Question 13

What is the penalty for a disorderly assembly ?

Answer 13

3 months imprisonment or a $2000 fine

Question 14

What Act and Section is Excreting in a Public Place ?

Answer 14

Summary Offences Act 1981, Sec 32 (1)

Question 15

What is the penalty for Excreting in a Public Place ?

Answer 15

$200 fine

Question 16

What are the Elements for Excreting in a Public Place ?

Answer 16

• Urinates or Defecates

- In any public place

Question 17

Whats the defence for Excreting in a Public place ?

Answer 17

Had reasonable grounds for believing they would not be observed

Question 18

What power of arrest do we have for Excreting in a Public Place ?

Answer 18

Summary Offences Act 1981, Sec 39 (2)

• Has to be witnessed by a constable
• Has to provide correct details

Question 19

What is Section 3 Summary Offences Act 1981 ?

Answer 19

Disorderly behaviour likely to cause violence

Question 20

What is Section 4 (1)(a) Summary Offences Act 1981 ?

Answer 20

Offensive or Disorderly behaviour

Question 21

What is Section 5A Summary Offences Act 1981 ?

Answer 21

Disorderly Assembly

Question 22

What is Section 32 (1) Summary Offences Act 1981 ?

Answer 22

Excreting in a Public Place