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Street offences > Street offences > Flashcards

Street offences Flashcards

1
Q

Definition of a public place

A

public place means:
(a) a place (whether or not covered by water), or
(b) a part of premises,

that is open to the public, or is used by the public whether or not on payment of money or other consideration

a road or road related area,
but does not include a school

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2
Q

Define offensive in a legal context

A

Such as is calculated to wound the feelings arouse anger or resentment or disgust in the mind of a reasonable person

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3
Q

Subjective Test

A

The ‘Subjective Test’ is taken from the point of view of the victim, offender, police officer or any other person involved in the incident.

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4
Q

Objective Test

A

Reasonable Third Person Test - Opinion of a reasonable third person who was not involved in the situation but who may have been a bystander and witnessed the incident (magistrate)

Would a reasonable third person find the language or conduct offensive?

There is no requirement that a reasonable third person is present at the incident.

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5
Q

Legislation: Offensive language

A

Summary Offences Act 1988
s 4A

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6
Q

Elements of offensive language

A
  1. the accused
  2. used offensive language
  3. in or near, or within hearing from, a public place or a school
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7
Q

Elements of offensive conduct

A
  1. the accused
  2. conducted him/herself in an offensive manner
  3. in or near, or within view or hearing from a public place or a school
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8
Q

Legislation Offensive Conduct

A

Summary Offences Act 1988
s 4

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9
Q

Examples of Offensive Conduct

A
  1. Offensive Placard or T-shirt
  2. Urinating in public
  3. Exposing the buttocks (mooning, browneye etc.)
  4. Obscene gesture/s
  5. Having sexual relations in public
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10
Q

Key difference between offensive language and conduct?

A

Language is “words alone” whereas conduct can involve words as well as actions.

You cannot charge a person with both offences for the same incident

(It would fall under offensive conduct for both)

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11
Q

Define Obscene Exposure

A

Wilful and obscene exposure of the “person”

(Wilfully means that the act is done deliberately and intentionally)

(Obscenely means offensive to modesty or decency)

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12
Q

Example obscene exposure

A

Streaking across a football pitch

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13
Q

Lewdness

A

A Common Law offence that involves exposure from a private place to a private place and NOT visible from a public place.

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14
Q

LEPRA s197?

A

197 Directions generally relating to public places

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15
Q

LEPRA s198?

A

198 Move on directions to intoxicated persons in public places

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16
Q

LEPRA s199?

A

199 Failure to comply with direction

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17
Q

LEPRA s11?

A

2 Identity may be required to be disclosed

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18
Q

LEPRA s19?

A

19 Power of police officer to request proof of identity

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19
Q

Continuation of intoxicated and disorderly behaviour following move on direction?

A

Summary Offences Act 1988 (NSW) s 9

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20
Q

Intent of s197 LEPRA?

A

Reduce eliminate or stop relevant conduct

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21
Q

Mnemonic Used to Remember 197 (1)

A

C – Causing Fear
H – Harassment / Intimidation
O – Obstructing Traffic (person/vehicle)
P – Procuring Prohibited Drug
S – Supplying Prohibited Drug

22
Q

LEPRA 202

A

Police officers to provide information when exercising powers

23
Q

LEPRA 203

A

Police officers to give warnings when giving or making directions, requirements or requests that must be complied with

24
Q

Definition of a knife

A

A knife blade, or a razor blade, or any other blade

25
Q

Definition - offensive implement

A

(a) anything made or adapted for use for causing injury to a person, or

(b) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.

26
Q

What are the 2 different types of searches?

A
  1. Person searches (sometimes referred to as ‘searches generally’), and
  2. Strip searches
27
Q

Power to carry out search of person in lawful custody after arrest

A

LEPRA 2002, 28A

28
Q

Legislation: Custody of offensive implement

A

Summary Offences Act 1988 (NSW)
s 11B

29
Q

Legislation: Custody of knife in public place or school

A

Summary Offences Act 1988 (NSW)
s 11C

30
Q

Legislation: Parents who allow children to carry knives

A

Summary Offences Act 1988 (NSW)
s 11D

31
Q

Legislation: Wielding of knives in a public place or school

A

Summary Offences Act 1988 (NSW)
s 11E

32
Q

Legislation: Sale of knives to children

A

Summary Offences Act 1988 (NSW)
s 11F

33
Q

What are the elements of offensive conduct?

A
  1. The accused
  2. Conducted him/herself in an offensive manner
  3. In or near, or within view or hearing from a public place or a school
34
Q

Explain what is meant by proximate & distal cause of crime?

A

Proximate causes: Immediately precedes criminal behaviour.

Distal causes: Are much more remote, for example, economic stress in childhood.

35
Q

Explain “relevant conduct” under LEPRA, Section 197 - Directions generally relating to public places.

A

(CHOPS)

C - Causing fear or likely to cause fear (as long as it would cause fear to a person of reasonable firmness)

H - Harassment / intimidation

O - Obstructing traffic person or vehicle

P - Procuring prohibited drug

S - Supplying prohibited drug

36
Q

Who can be issued with a CIN?

A

A CIN can be issued to an adult whose identity has been confirmed.

37
Q

How many CINs can be issued at one time?

A

A maximum of four CIN’s can be issued at one time.

38
Q

What is the aim of a CIN?

A
  1. To provide an alternative legal process to arrest
  2. o allow police to deal with suspects on the spot
  3. To free up police from speaking time at the station doing paperwork
  4. To reduce police attending court for minor matters
39
Q

Offensive implement means?

A

a) Anything made or adapted for use for causing injury to a person, or

b) Anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.

40
Q

What are the elements of offensive language?

A
  1. The accused
  2. Used offensive language
  3. In or near, or within hearing from, a public place or a school
41
Q

What is relevant conduct under Section 198 of LEPRA, Move on direction to intoxicated person in public places?

A
  1. Likely to cause injury
  2. Damage to property
  3. Risk to public safety
  4. Is disorderly
42
Q

What is the purpose of a section 198 direction?

A

a) Prevent injury, damage to property, reducing or eliminating a risk to public safety, or

b) Preventing the continuation of disorderly behaviour in a public place.

43
Q

Explain Section 5 of the Summary Offences Act 1988 - Obscene exposure?

A

A person shall not, in or within view from a public place or a school, wilfully & obscenely expose his or her person.
Person = Genitals
Wilfully = Done deliberately & intentionally
Obscenely = Offensive to modesty or decency

44
Q

What seven reason that having custody of a knife is reasonably necessary?

A
  1. Persons lawful pursuit of occupation education or training
  2. Preparation or consumption of food or drink
  3. Lawful entertainment, recreation or sport
  4. Exhibition of knives, retail or other trade purposes
  5. Exhibition by knife collectors
  6. Wearing of an official uniform
  7. Genuine religious purposes
45
Q

What are the five elements of custody of an offensive implement?

A
  1. A person shall not
  2. Without reasonable excuse
  3. Have in his or her custody
  4. An offensive implement
  5. In a public place or a school
46
Q

What are the elements of custody of knife in public place or school?

A
  1. The accused
  2. Has in his/her custody a knife
  3. Without a reasonable excuse
  4. In a public place or school
47
Q

What are the elements of parents who allow children to carry knives?

A
  1. The accused who is the parent of a child
  2. Under 18 years of age
  3. Who committed an offence under 11C (custody of knife in public place or school)
    Is guilty of an offence if the parent knowingly authorised or permitted the child to commit the offence
48
Q

What are the elements of Wielding of knife in a public place or school?

A
  1. The accused
  2. Without reasonable excuse
  3. Use a knife
  4. Carries a knife that is visible - in the presence of any person
  5. In public place school
    -Causes a reasonable third person to fear for their safety
49
Q

What are the elements of Sale of knives to children?

A
  1. the accused
  2. Sells a knife
  3. To a child under 16 years of age
50
Q

What are the elements of Obscene exposure?

A
  1. the accused
  2. Willfully and obscenely
  3. Exposed his or her person
  4. In or near, or within view from a public place or school

Street offences (1 decks)

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