Summary Offences Flashcards
Define a Public Place in the Summary Offences Act.
(a) A Place whether covered by water or not.
(b) A part of premises , that is open to the public or is used by the public whether or not on payment or 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 or persons,
but does not include a school
What is School defined as?
Government school, registered non government school, primary, ore school or secondary school does not include residence on a school property.
What is the definition of vehicle in the Summary offences act?
A motor vehicle whether or not is still capable of being driven.
Train.
Caravan.
What does Section 3 (2) say about vehicles in a public place?
For the purposes of this Act, a person who is in a vehicle in any place shall be taken to be in that place.
Does reasonable excuse mean lawful excuse?
No.
What does R v Senior say about willfully?
Willfully means that the act is done deliberately and intentionally, not by accident or inadvertence.
What does Minkley v Monroe say about a reasonable excuse?
Each excuse is unique to the facts; the proper evaluation requires both a subjective and an objective examination of the circumstances.
What does Connors v Craigie say about the subjective and objective factors in a reasonable excuse?
They must relate to the immediate prevailing circumstances.
What does Taikato v The Queen say about lawful purpose?
Lawful purpose should be read as a purpose that is authorized, as opposed to not forbidden by law.
What does Worcester v Smith say about the term offensive?
It needs to be such as is calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person.
Can words alone constitute offensive conduct?
No, section 4 ss (2) outlines that a person does not conduct themselves in a offensive manner by merely by using offensive language.
What are the proofs of Offensive Language?
S.4A Accused In, near or within hearing Public place or school used offensive language.
What are the proofs of Obscene Exposure?
S.5 Accused Willfully and Obscenely exposed person in or within view public place or school
What is a Violent disorder under 11A?
If 3 or more persons use or threaten unlawful violence, and the conduct is such that would cause a reasonable person to fear for their safety.
Does not need to be simultaneously committed.
Can be private or public place.
What is the definition of an Offensive Implement?
(a) Anything made or adapted for use for causing injury to a person.
(b) Anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.
Injure
Menace
Damage
