Summary Offences Flashcards
What is the case law of Worcester v Smither in regards to Summary Offences?
This case law defines what the meaning of offensive is.
What is the defintion of Offensive?
“[Words] calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person”
What is the definition of Willfully?
“Willfully means that the act is done deliberately and intentionally, not by accident or inadvertence, but so that the mind of the person who does the act goes with it”
Can willfull be deliberate or by accident?
No, it is an act done deliberately and not by accident as it is a voluntary act.
What is the definition of a public place as per Section 3 of the Summary Offences Act?
Section 3 of the Act defines public places.
In line with this statutory definition, the judiciary has determined that places such as a passageway of home units , racecourses , a motor vehicle on a public street , a train , and a car park are public places.
This does not include a school.
Can scissors be defined as a knife?
What is the case law regarding this?
Police v O’brien [2012]
They are not defined as a knife
Does a reasonable person need to be present for an act to be offensive?
What is the case law for this?
Spence v Loguch
No. It is not necessary to show that in fact there were such reasonable persons who were in fact offended.
