Summary Offences

Question 1

Definition of a public place and section?

Answer 1

S 3 Summary Offences Act.
a) A place, whether or not covered by water
or b) A part of a premises, that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open, consists only of a limited class of persons, but does not include a school.

Question 2

Summary Offences Vehicle?

Answer 2

Vehicle includes;

a) A motor vehicle (Whether or not capable of being driven
b) a train or other vehicle used on a railway or monorail
c) A caravan or anything else constructed to be drawn by a vehicle or animal.

Question 3

S 3(2)?

Answer 3

For the purposes of this Act,a person who is within a vehicle is considered to be in that place.

Question 4

Wilful case law?

Answer 4

R v Senior

Question 5

R v Senior?

Answer 5

Willfully means that the act is done deliberately and intentionally, not by accident or inadvertance, but so that the mind of the person who does the act goes with it.

Question 6

Reasonable excuse case law?

Answer 6

Connors v Craigie

Question 7

Connors v Craigie?

Answer 7

Reasonable excuse involves both subjective and objective considerations, but these considerations must be related to the immediate prevailing circumstances in which the offensive words etc are used, just as in self defence or provocation the response of the accused must be related in some way to the actions of the victim and the particular circumstances.

Question 8

Lawful purpose case law?

Answer 8

Taikato v The Queen, HCA

Question 9

Taikato v The Queen

Answer 9

Held that lawful purpose should be read as a purpose that is authorised, as opposed to not forbidden, by law.

Question 10

Offensive case law?

Answer 10

Worcester v Smith

Question 11

Worcester v Smith?

Answer 11

Offensive behaviour must be such as is calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person.

Question 12

S4?

Answer 12

Offensive conduct

Question 13

S4 (1)?

Answer 13

A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or school.

Question 14

S4 (2)?

Answer 14

A person doesnt conduct themselves in an offensive manner merely by using offensive language.

Question 15

S 4A?

Answer 15

Offensive Language

Question 16

S4A (1)?

Answer 16

A person must not use offensive language in or near, or within hearing from, a public place or school.

Question 17

S4A (2)?

Answer 17

It is sufficient defence to raise they had a reasonable excuse for the conduct.

Question 18

S5?

Answer 18

Obscene exposure

A person shall not, in or within view of a public place or school, wilfully and obscenely expose his or her person.

Question 19

S11 A?

Answer 19

Violent disorder

Question 20

S11 A (1)?

Answer 20

If 3 or more persons who are present toether use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a persno of reasonable firmness present at the scene to fear for his or her safety, each of the persons using or threatening unlawful violence is guilty of an offence.

Question 21

S11B?

Answer 21

Custody of offensive implement

Question 22

S 11B (3)?

Answer 22

Definition offensive implement

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 person or damage property.

Question 23

Csustody considerations?

Answer 23

• Must have immediate de-facto control or charge of item.

- Constructive possession NOT sufficient.

Question 24

Possession case law?

Answer 24

He Kaw Teh

Question 25

He Kaw Teh?

Answer 25

Possession must include knowledge of the item and knoweldge of having custody of it.

Question 26

11c?

Answer 26

Custody of Knife

Question 27

11c (2)?

Answer 27

Reaonsable excuses
POKEROTE
Preparation
Officicial Uniform
Knife collection
Exhibition of knives for retail
Religious reason (genuine)
Occupation (lawful)
Travelling to and from any of these activites.
Entertainment, recreation, sport (lawful

Question 28

S 31?

Answer 28

Evidence as to road, road related area etc.
In proceedings for an offence under this Act, evidence that a certain place appeared at the time of the offence to be a “road” “public place” etc etc, is prima facie evidence of the fact.
Open to defence to provide proof on balance of probs to the contrary.

Question 29

S32?

Answer 29

Proceedings for offences
Proceedings for an offence under this act may be taken before local court. Summary and are subject to statute of limitations. (6 months)
S179 CPA applies

Question 30

Does S179 of CPA apply to offences under this act?

Answer 30

yes