Summary/Street Offences

Question 1

Define Offensive implement under SOA 11B(3)

Answer 1

anything that is made for or is adapted for use to hurt, cause fear or menace in people or damage property

Question 2

Define what a Knife is under crimes act

Answer 2

a knife blade and includes razors or any other blade

Question 3

What is a public place

Answer 3

a place or part of premises that is open to the public with or without payment, regardless of whether it is open to the public or a specific group, does not include schools

Question 4

define the term offensive

Answer 4

acts calculated to wound feelings, arouse anger, cause resentment or disgust in the mind of a reasonable person

Question 5

Define obscene

Answer 5

offensive to modesty or decency, indecent, inciting to lust or sexual depravity and lewd

Question 6

Define disorderly

Answer 6

any sustantial breach of decorum which tends to disturb peace or interferes with the comfort of other people who may be in the vicinity of a street or public place

Question 7

Elements of s9 SOA - continuation of intoxicated and disorderly behaviour following a move on direction

Answer 7

• accused
• having previously received a move on direction for being intoxicated and disorderly in a public place
• within the allocated time limit for said direction
• continues to be intoxicated and disorderly
• in a public place

Question 8

What are the four common knife offences

Answer 8

CA - s93IB - custody of knife
CA - s93IC - using or carrying knifes in public place or school

SOA - s11D - parents who allow children to carry knives
SOA - s11F - sale of knives to children

Question 9

What are the reasonable excuses to carry a knife

Answer 9

• occupation/training
• prep of food
• sport/entertainment
• exhibit for retail
• exhibit for collection
• wearing of official uniform
• genuine religous purpose

Question 10

Elements of SOA s11B - custody of offensive implement

Answer 10

• accused
• had in their custody an offensive implement
• without reasonable excuse
• in public place or school

Question 11

what is custody of something

Answer 11

to have knowledge and control of something means you have custody or possession of something

Question 12

Liquor act s77 - non-voluntary exclusions of persons from licenced premises

Answer 12

an authorised person (employee) may refuse to admit to, or may turn out of, licensed premises any person

• who is at the time intoxicated or disorderly
• whose presence renders the licensee liable to penalty
• the person must not re-enter or attempt to re-enter within 24 hours of being turned out

Question 13

Dangerous implements (s3) defined as

Answer 13

dangerous articles
knife (include knife blades, razors, other blades)
offensive implement definition
laser pointers

Question 14

Dangerous articles

Answer 14

basically firearms related

Firearms, spare barrels, ammunition
prohibiteed weapons under PW act
speargun
not a firearm but can discharge projectile
fuse and detonators