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)
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
3
Q
Summary Offences Act 1981 Section 9
A
Common Assault - 6m/$4k
- Assaults
- Another person
4
Q
Summary Offences Act 1981 Section 10
A
Assaulting a Constable - 6m/$2k
- Striking an officer in the execution of their duties
5
Q
Summary Offences Act 1981 Section 11(1)(a)
A
Wilful Damage - 3m/$2k
- Intentionally
- Damages
- Property
6
Q
Summary Offences Act 1981 Section 11(1)(b)
A
Wilful Damage (Sets fire to growing plant) - 3m/$2k
7
Q
Summary Offences Act 1981 Section 7
A
Fighting in a public place - $1k
- Fights
- In a public place
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
9
Q
Prosecution for Wilful Damage must commence within:
A
6 months
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
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
