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Summary offences Act Flashcards

0
Q

where are SO heard and determined

what is the exception

A

Mags court

exception : offence of ‘false report to police’

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1
Q

what does the
summary offences act
basically cover

A

offences relating to keeping good public order in places

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2
Q

what is the general overall power of arrest for SO

what is the exception

A

s458

exception: s15 the arrest power for drunk in a public place & drunk & disorderly in a public place

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3
Q

what is s9 of the SO act

what are the points of proof: AWDU

what is the arrest power

what is the jurisdiction

A

Wilful Damage

  • any person
  • wilful (intentional or reckless)
  • damages property
  • under $5000

arrest power : s458

jurisdiction : magistrate court

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4
Q

what is s197 of CA

what are the points of proof: PIDP

what is the arrest power

what is the jurisdiction

A

Criminal Damage

  • person
  • intentionally (without lawful excuse)
  • destroys or damages
  • property

arrest power: s459 CA

jurisdiction: mag court if not more then $100,000 otherwise county court

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5
Q

what is s7 SO act

what is the points of proof: ITMI

what is the arrest power

what is the jurisdiction

A

throwing/ discharging missile

  • Identity
  • throw or discharge
  • missile
  • injure or danger to person or damage to property

arrest power: s458 CA

jurisdiction: magistrate

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6
Q

what are the different ways police can establish identity

SAWD FCH

A

similar facts
admissions
witnesses
DNA

fingerprints
circumstantial evidence
handwriting

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7
Q

why must points of proof important in establishing commission
of offence

A

in order for conviction of offence points of proof need to be satisfied
there must be INTENTION to danger and damage

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8
Q

what is the oxford dictionary meaning for missile

A

object or weapon suitable for throwing at a target or for discharge from a machine or weapon

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9
Q

what is s49A SO act

what are the points of proof

what is the jurisdiction

what is the arrest power

A

begging alms

a person must not beg or gather alms. Not cause, procure or encourage a child to beg or gather alms

  • act begging is complete when the words are spoken or action is done
  • alms are not limited to money

jurisdiction: magistrate

arrest power: s458

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10
Q

what is the oxford dictionary meaning of

Alms
Beggar

A

alms: charitable relief for the poor; charitable donation
beggar: one who begs; one who lives by begging; poor person

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11
Q

what is s53(1) SO act

what are the points of proof

what is the jurisdiction

what is the arrest power

A

false report to police

  • any person
  • voluntarily reports
  • causes voluntary report
  • with knowledge falsely
  • causes police investigation

jurisdiction: magistrate but can be heard by judge and jury

arrest power : s458

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12
Q

what is a public place

A

every place to which the public
as the public
may, at the relevant time, go

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13
Q

what is the meaning of a schedule public place

give examples

A

they are public places that are treated differently for the purposes of the law of trespass

State School
residential institutions
mental health services
public cementary

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14
Q

what is s13 SO act

what is the points of proof

what is the jurisdiction

what is the arrest power

A

Drunk in public place

  • any person
  • found drunk
  • public place

Jurisdiction: magistrate

arrest power: s15 SO act

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15
Q

what is s14 SO act

what are the points of proof

what is the jurisdiction

what is the arrest power

A

drunk & disorderly in a public place

  • any person
  • found drunk
  • disorderly
  • public place

jurisdiction: magistrate

arrest power: s15

16
Q

what is the practical application for the point of proof

“Found”

A

he /she must be “found in a public place”

discovered or seen

17
Q

what is s17 SO act

what are the points of proof

what is the jurisdiction

what is the power of arrest

A

offensive behavior indecent language etc

  • any person
  • in Near, Within View or Within Hearing (public place)
  • sings obscene song or
  • writes, draws, displays indecent/obscene language or
  • threatening, abusive or insulting words or
  • behaves in riotus indecent offensive or insulting manner

jurisdiction: magistrate

arrest power: s458

18
Q

what does it mean for behavior to be offensive

A

must be observable without the observer having to take abnormal action to view the behavior

19
Q

what must you do in regards to duplication of offences

A

must ensure that one single offence is selected. If two behaviors apply then the accused would be charged with two separate offences

20
Q

define the meaning of these indecent words
profane

indecent

obscene

threatening

abusive

insulting

offensive

A

profane: taking gods name in vain
indecent: unbecoming in extremely bad taste
obscene: offensive to modesty, suggesting lewdness
threatening: influencing or intimidating by menace
abusive: speaking insultingly or unkindly
insulting: a form of hitting with words
offensive: behavior that is calculated to wound feelings and arouse anger

21
Q

what is s9 (1) (d) SO act

what are the points of proof

what is the jurisdiction

what is the arrest power

A

trespass in public place

  • any person
  • wilfully trespasses
  • in any public place (other than scheduled public place)
  • warned by owner or occupier or person authorised
  • refuses to leave

jurisdiction: magistrate

arrest power: s458

22
Q

what is s9 (1) (e)

what are the points of proof

what is the jurisdiction

what is the arrest power

A

trespass - private place or scheduled place

  • any person
  • without express or implied authority
  • without lawful excuse
  • wilfully enters
  • any private place or scheduled public place

jurisdiction: magistrate

arrest power : s458

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