Behaviour Offences

Question 1

What are the elements of Fighting in a Public Place?

Answer 1

1) Fights

2) In a public place

Question 2

What are the elements of Disorderly Behaviour Section 3 S/O Act (likely to cause violence)?

Answer 2

1) In or within view pf a public place
2) Behaves in or incites or encourages any person
3) a riotous or offensive or threatening or insulting or disorderly manner
4) Likely, in the circumstances, to cause violence against persons or property to start or continue

Question 3

What are the elements of Offensive Behaviour or Language Section 04(1)(a) S/O act 1981?

Answer 3

1) In a public place OR Within view of a public place

2) Behaves in a offensive manner

Question 4

What are the elements of Obstruction (Resisting Police), prison, or traffic officer s23(a) Summary Offences act 1981?

Answer 4

1) Intentionally obstructs
Or
Incites or encourages any other person to OBSTRUCT
2) Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duties

Question 5

What are the elements of Excreting in a Public Place Section 32(1) S/O Act 1981?

Answer 5

1) Urinates or defecates

2) In any public place other than a public lavatory

Question 6

Define what is meant by a Public Place

Answer 6

A place that, at any MATERIAL TIME, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train or vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place.

Question 7

What is the difference between a fight and assault?

Answer 7

Not all incidents of people exchanging blows are fights. An innocent person may merely be defending themselves from an assault.

Question 8

Explain the Time, Place, and Circumstance rule

Answer 8

This rule is the overriding determinant of whether police intervention is warranted or not.

Question 9

Define Resists

Answer 9

Requires some degree of force by the offender

Question 10

Define Intentionally obstructs

Answer 10

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

Question 11

Define Incites or Encourages

Answer 11

Urge or persuade someone to make it more difficult for the person to carry out their duties

Question 12

Acting in the Execution of Duty

Answer 12

The person must have been lawfully exercising their powers

Question 13

What are the elements of Resisting Police?

Answer 13

1) Resists
OR
Incites or encourages any other person to RESIST
2) Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duties

Question 14

What are the elements of S/O Act Section 5(a) (Disorderly Assembly)?

Answer 14

1) An assembly of 3 or more people
2) In any public place
3) Assemble or conduct themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds
4) That those assembled will
5) Use violence against any persons or property
OR
Commit an offence against Section 3 of this Act.

Question 15

What are the elements of Disorderly Behaviour or Language Section 04(1)(a) S/O act 1981?

Answer 15

1) In a public place OR Within view of a public place

2) Behaves in a disorderly manner