Street Offences Flashcards
What are the elements of offensive language?
- The accused
- Used offensive language
- In or near, or within hearing from, a public place or a school
What is summary Offences Act 1988, Section 4A (1)
Offensive language
What is Section 199 of LEPRA?
Failure to comply with a direction.
- You have to establish that the person persisted after the direction was given
What is section 11 (2) of LEPRA?
Identity may be required to be disclosed
(2) - require a person whose identity is unknown to the officer to disclose his or her identity if you are going to give them a direction to move on.
What is summary Offences Act 1988, S 4
offensive conduct
Elements of offensive conduct S4
- the accused
- conducted him/herself in an
offensive manner - in or near, or within view or
hearing from a public place or
a school
Elements of obscene exposure S5
- 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
What is summary Offences Act 1988, s 5
obscene exposure
What is the definitions for a knife under the summary offences Act 1988
Section 3
A knife blade
A razor blade
Any other blade
Crimes act (1900) 93 IB
Custody of knives in public places or schools
(1) A person must not have in the person’s custody a knife in a public place or a school.
Maximum penalty—40 penalty units or imprisonment for 4 years, or both.
Crimes act (1900) 93IC
** Using or carrying knives in public places or schools**
(1) A person must not use a knife, or carry a knife that is visible, if the use or carrying occurs—
(a) in the presence of a person, and
(b) in a public place or a school, and
(c) in a way that is likely to cause a reasonable person to reasonably fear for the person’s safety.
Maximum penalty—100 penalty units or imprisonment for 4 years, or both.
What is an offensive Implement
Offensive implement
offensive implement means—
(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 perso
What is Summary Act 11B
Custody of offensive implement
- A person shall not without reasonable excuse
- Have in his or her custody
- An offensive implement
- In a public place or a school
50 penalty units or imprisonment for 2 years
What is Summary Act 11D
Parents allowing there child to carry a knife
What is Summary Act 11F
Sell a knife to a kid under age of 16
What seven reason that having custody of a knife is reasonably necessary?
- Persons lawful pursuit of occupation education or training
- Preparation or consumption of food or drink
- Lawful entertainment, recreation or sport
- Exhibition of knives, retail or other trade purposes
- Exhibition by knife collectors
- Wearing of an official uniform
- Genuine religious purposes
