Fighting & Behavour

Question 1

What are the elements for fighting in a public place?

Answer 1

Fights,

In a public place.

Question 2

What are the elements for offensive behaviour?

Answer 2

In a public place OR within view of a public place,

Behaves in an offensive manner.

Question 3

What are the elements for disorderly behaviour?

Answer 3

In a public place OR within view of a public place,

Behaves in a disorderly manner.

Question 4

What does the term “fight” mean?

Answer 4

Between two or more willing participants

Question 5

What disorderly behaviour likely to cause violence?

Answer 5

Offensive, riotous, threatening, insulting or disorderly behaviour in a public place.

Question 6

What is disorderly assembly?

Answer 6

3 or more persons are gathered in such a manner that others who are present fear violence or disorder that is about to occur.

Question 7

Why is time, place and circumstances important in these offences?

Answer 7

Can be reclassified under a different offence eg urinating in a public place can change to offensive behaviour if it is done in public and seen by others.

Question 8

What is the defence available for a person being charged under S32 excreting in a public place?

Answer 8

S32(2) if the offender had reasonable grounds for believing they would not be observed.

Question 9

What are the elements for offences of resisting a police officer?

Answer 9

Resists OR incites or encourages any other person to resist,

Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty.

Question 10

What are the elements of offence for obstructing a police officer?

Answer 10

Intentionally obstructs OR incites or encourages any other person to obstruct,
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty.

Question 11

Outline obstructs

Answer 11

Deliberately making it more difficult for a person to carry out their duties