Street Offences Flashcards

0
Q

What is classified as offensive?

A

Calculated to wound the feelings, arouse anger or resentment or disgust in the mind of a reasonable person

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1
Q

What is a public place?

A

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

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2
Q

What is a subjective test?

A

Taken from the point of view of the victim or the offender

It is their opinion of what happened

Eg did they feel scared

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3
Q

What is the objective test?

A

Reasonable third person

Opinion of a reasonable third person who was not involved in the situation but who may be a bystander or witness.

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4
Q

Section number: directions relating to public place (move along)?

A

Section 197 LEPRA

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5
Q

Section: move on intoxicated persons?

A

Section 198 LEPRA

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6
Q

Section: move on group of persons?

A

Section 198a LEPRA

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7
Q

Section: Refuse to comply with direction?

A

Section 199 fine

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8
Q

What section gives police power to demand identity?

A

Section 11

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9
Q

Section: detention of an intoxicated person

A

Section 206 LEPRA

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10
Q

Section: continuation of intoxicated and disorderly behaviour following a move along?

A

Section 9 summary offences Act.

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11
Q

What us classified as a knife?

A

Knife
Blade
Razor blade
Any other blade

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12
Q

What is an offensive implement?

A

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.

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13
Q

Section 11 of the summary offences act is?

A

Custody of a knife in a public place or school

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14
Q

What are the 7 reasons for carrying a knife?

A
Occupation
Picnic ECG
Lawful entertainment
Recreation or sport
Exhibition if knives for retail 
Official uniform
Genuine religious reasons
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15
Q

True or false you must be over 16 to buy. A knife?

16
Q

Custody of an offensive implement is under which section of the summary offences act?

A

Section 11b

17
Q

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?

A

Section 11d

18
Q

What is the max penalty for having custody of an offensive implement?

A

50 penalty units

Imprisionment 2 years

19
Q

What are the elements and proofs for offensive language?

A

Accused
Used offensive language
In or near within hearing
From a public place or school

20
Q

What are the elements and proofs for offensive conduct?

A
Accused
Conducted himself or herself
In an offensive manner
In or near or within view 
From a public place or school
21
Q

Section: power to search a person and seize and detain things without a warrant?

A

Section 21 LEPRA

22
Q

Section: power to carry out search on arrest?

A

Section 23 LEPRA

23
Q

Section: power to search for knives and other dangerous implements?

A

Section 26 LEPRA

24
Section: power to confiscate knives and dangerous implements
Section 28 LEPRA
25
Ordinary search falls under which section of LEPRA?
Section 20
26
Frisk search falls under which section of LEPRA?
Section 26
27
What are the elements and proofs of wilful and obscene behaviour?
``` Accused Wilfully and obscenely Exposed himself or herself In, near or within view of Public place or school ```
28
Section 93b of the crimes act is a "riot" what is this?
12 or more people Together using or threatening unlawful violence Towards people and property Common purpose Behaviour causes fear to a person of reasonable firmness Public or private place
29
Section 93c of the crimes act is "affray" what is this?
1 or more people | Using or threatening unlawful violence towards person only
30
Section 11a of the summary offence act is what disorder?
Violent disorder 3 or more people Use or threaten unlawful violence persons or property Cause fear to a person of reasonable firmness
31
What is the THIS acronym stand for in relation to searching on reasonable grounds?
``` T = time and location H = history I = intel S = situation own observations and witness observations ```
32
What's is the CHOPS acronym stand for in relation to move along directions?
``` Causing fear or likely to cause fear Harassing or intimidating Obstructing persons or traffic Purchasing/procuring obtaining prohibited drugs Supplying drugs ```
33
What can we issue criminal infringement notices? (7)
``` Larceny under 300 Goods in custody Offensive language Offensive behaviour Obstructing traffic Unlawful entry vehicle or boat Continuation of behaviour following a move along direction ```
34
What is a fact sheet?
Document that the prosecutor presents to the court when an accused person enters a plea of guilty to a criminal offence