Street Offences Flashcards
What is classified as offensive?
Calculated to wound the feelings, arouse anger or resentment or disgust in the mind of a reasonable person
What is a public place?
Place where or not covered by water or part of a premise that is open to the public or used by the public.
Payment or not
Does not include a school
What is a subjective test?
Taken from the point of view of the victim or the offender
It is their opinion of what happened
Eg did they feel scared
What is the objective test?
Reasonable third person
Opinion of a reasonable third person who was not involved in the situation but who may be a bystander or witness.
Section number: directions relating to public place (move along)?
Section 197 LEPRA
Section: move on intoxicated persons?
Section 198 LEPRA
Section: move on group of persons?
Section 198a LEPRA
Section: Refuse to comply with direction?
Section 199 fine
What section gives police power to demand identity?
Section 11
Section: detention of an intoxicated person
Section 206 LEPRA
Section: continuation of intoxicated and disorderly behaviour following a move along?
Section 9 summary offences Act.
What us classified as a knife?
Knife
Blade
Razor blade
Any other blade
What is an offensive implement?
Anything made or adapted for use for causing injury to a person or anything intended by the person having custody of the thing, to be used to injure or menace a person or damage property.
Section 11 of the summary offences act is?
Custody of a knife in a public place or school
What are the 7 reasons for carrying a knife?
Occupation Picnic ECG Lawful entertainment Recreation or sport Exhibition if knives for retail Official uniform Genuine religious reasons
True or false you must be over 16 to buy. A knife?
True
Custody of an offensive implement is under which section of the summary offences act?
Section 11b
A parent who knowingly authorises or permits a child to carry a knife in a public place or school is under what section of the summary offences act?
Section 11d
What is the max penalty for having custody of an offensive implement?
50 penalty units
Imprisionment 2 years
What are the elements and proofs for offensive language?
Accused
Used offensive language
In or near within hearing
From a public place or school
What are the elements and proofs for offensive conduct?
Accused Conducted himself or herself In an offensive manner In or near or within view From a public place or school
Section: power to search a person and seize and detain things without a warrant?
Section 21 LEPRA
Section: power to carry out search on arrest?
Section 23 LEPRA
Section: power to search for knives and other dangerous implements?
Section 26 LEPRA