Stuff I Dont Know Flashcards
Section 11
The power to deal with possession by minors of alcohol
11(2) - Police may seize liquor
11(4) - Doesn’t matter if person is underage of criminal liability.
11(5a) - Police power to demand particulars
11(5b) - offence failure to comply
6 aims of circle sentencing
Reduce recidivism
Include members of aboriginal community
Increase the confidence of aboriginal communities
Provide more appropriate sentencing options
Provide effective support to victims of offences
Provide appropriate sentencing options.
Objective test
Independent view: the opinion of an imagined person who is not involved.
Reasonable third person test
Someone who is not involved in the situation but if they watched or listened what happened would they have an opinion.
Section 11 summary offence act
Possession of alcohol by a minor
Possesses or consumes
Public place
No responsible adult
Section 198
Police may give a move on to an intoxicated person if they believe.
Offensive conduct
Signs, T-shirts etc or buttocks or breasts
Obscene exposure
Persons genitalia
Common purpose & acting in concert
Common purpose - where 2 or more people agree to commit a crime together
Acting in concert - agreement to commit the crime
Riot
Riot, where 12 or more persons who are present together use or threaten unlawful violence for a common purpose. Person or property
Affray
Affray, where 12 people or less are present. a person must have used or threatened unlawful violence towards another person, so that a person of reasonable firmness fears for there safety.