Summary Offences Act 1981 Flashcards

1
Q

Summary Offences Act 1981 Section 39(1)

A

Power of Arrest

  • Has good cause to suspect
  • Of having commited an offence against this act
  • Except sections 17-20, 25, 32-38 (Unless details not given)
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2
Q

Summary Offences Act 1981 Section 39(2)

A

Power to Arrest

  • Within view
  • Does an act the constable believes is an offence against Sections 17-20, 25, 32-38
  • And fails to give name and address or gives false details
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3
Q

Summary Offences Act 1981 Section 9

A

Common Assault - 6m/$4k

  • Assaults
  • Another person
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4
Q

Summary Offences Act 1981 Section 10

A

Assaulting a Constable - 6m/$2k

  • Striking an officer in the execution of their duties
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5
Q

Summary Offences Act 1981 Section 11(1)(a)

A

Wilful Damage - 3m/$2k

  • Intentionally
  • Damages
  • Property
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6
Q

Summary Offences Act 1981 Section 11(1)(b)

A

Wilful Damage (Sets fire to growing plant) - 3m/$2k

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7
Q

Summary Offences Act 1981 Section 7

A

Fighting in a public place - $1k

  • Fights
  • In a public place
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8
Q

Summary Offences Act 1981 Section 2

A

Definition of a public place

  • A place that at any material time
  • Is open to, or being used by the public
  • Whether free or on payment of a charge
  • Whether any owner / occupier of the place is lawfully entitled to exclude / eject that person from that place
  • Includes: Aircraft, Hovercraft, Ship, Ferry, Other vessel, Train, Vehicle
  • Carrying or available to carry passengers for reward
  • Includes interior of any vehicle in a public place
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9
Q

Prosecution for Wilful Damage must commence within:

A

6 months

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10
Q

Summary Offences Act 1981 Section 13A

A

SOA 1981 s.13A - Possession of Knife P/P

  • In a public place
  • Without reasonable excuse
  • Has any knife
  • In his or her possession
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11
Q

Summary Offences Act 1981 Section 27 - Indecent Exposure

A

SOA 1981 s.27 - Indecent Exposure

  • In OR within view of a public place
  • Intentionally and obscenely
  • Exposes any part of his or her genitals
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