Flashcards in Offences Two Deck (22)
What are the ingredients of Fighting in a Public Place?
in a public place.
What is the definition of fighting?
Punching, striking, mauling, kicking, wrestling etc between TWO OR MORE WILLING PARTICIPANTS.
What is the definition of a "Public Place?"
A place that, at any material time, is open to or is being used by the public, whether free or on payment of charge, and whether the owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any vehicle, hovercraft, ship or ferry or other vessel, train or vehicle carrying or available to carry passengers for reward: Includes the interior of any vehicle which is in a public place.
Why would you "run to a fire, walk to a fight"?
Because by the time you get there the offenders will be tired and easier to subdue, you will get a better idea of what is actually going on as you approach, and you lessen the risk to your own personal safety.
What are the ingredients of 'Trespass after warning to leave'?
on any place/
after being warned to leave that place by an occupier of that place/
neglects or refuses to do so.
What are the ingredients of 'trespass after previous warnings'?
Being a person who has been warned under section 4 to stay off any place/
Wilfully trespasses on that place/
Within two years.
What does section 3 of the trespass act state?
That it is an offence to remain on a property after being told to leave.
What are the possible legal defences to a charge under section 3 of the Trespass Act?
The protection of oneself, the protection of another or an emergency involving the person accused's property of the property of any other person.
What does section 56 of the crimes act state in relation to trespass?
That you (as a police officer) may use force to remove a trespasser but you must not strike or do bodily harm to that person.
What does section 4 of the trespass act state?
That it is an offence to wilfully trespass on a place within two years of being served with a warning to stay off that place.
What acronym is used to describe persons to whom a trespass notice may be served?
HAHA - persons who:
Have been convicted of trespass
Are likely to trespass
What are the possible legal defences to a charge under section 4 of the Trespass Act?
Defence of oneself, defence of another, an emergency involving the property of the accused or that of any other person, or the occupier who served the warning no longer occupies that address.
What does section 5 of the trespass act state?
Warnings under section 4 may be given orally, in writing in person or by registered post.
What does section 9 of the trespass act state?
That trespassers may be demanded by the occupier or by any member of police to give their name and address, and firearms license number if they are in possession of a firearm, and they may be arrested if they refuse.
What does the law state in regard to trespassers at public meetings?
A person becomes a trespasser when they are asked yo leave by the chairperson or management if they refuse. This does not apply to meetings held in an open area that has not been set aside for that purpose (i.e. a street corner).
What are the ingredients of peeping or peering into a dwelling house?
without reasonable excuse/
peeping or peering/
into a dwelling house.
What is the other offence under section 30 of the summary offences act designed to penalise peepers/peerers, but when they have not been caught actually peeping or peering?
without reasonable excuse,
loitering on any land on which a dwelling house is situated.
What is the definition of night in terms of peeping and peering?
Between the end of the first hour after sunset and the beginning of the last hour before sunrise.
What is the difference between peeping and peering and being unlawfully on a property?
Peeping and peering is designed to catch people looking into houses at night or loitering on land for that purpose. Unlawfully on a property is designed to penalise those on a property for the purpose of committing a different offence.
What are the ingredients of 'unlawfully on property'?
Without reasonable excuse/
In OR on/
Any building OR any enclosed yard OR any aircraft OR any ship OR any train OR any vehicle.
What is an option available to an officer who discovers someone unlawfully on a property but with no criminal motives.
Warn them to leave.