Summary Offences Flashcards
Definition of a public place and section?
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.
Summary Offences Vehicle?
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.
S 3(2)?
For the purposes of this Act,a person who is within a vehicle is considered to be in that place.
Wilful case law?
R v Senior
R v Senior?
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.
Reasonable excuse case law?
Connors v Craigie
Connors v Craigie?
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.
Lawful purpose case law?
Taikato v The Queen, HCA
Taikato v The Queen
Held that lawful purpose should be read as a purpose that is authorised, as opposed to not forbidden, by law.
Offensive case law?
Worcester v Smith
Worcester v Smith?
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.
S4?
Offensive conduct
S4 (1)?
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.
S4 (2)?
A person doesnt conduct themselves in an offensive manner merely by using offensive language.
S 4A?
Offensive Language
S4A (1)?
A person must not use offensive language in or near, or within hearing from, a public place or school.
S4A (2)?
It is sufficient defence to raise they had a reasonable excuse for the conduct.
S5?
Obscene exposure
A person shall not, in or within view of a public place or school, wilfully and obscenely expose his or her person.
S11 A?
Violent disorder
S11 A (1)?
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.
S11B?
Custody of offensive implement
S 11B (3)?
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.
Csustody considerations?
- Must have immediate de-facto control or charge of item.
- Constructive possession NOT sufficient.
Possession case law?
He Kaw Teh
