Summary Offences Flashcards
(21 cards)
What section do you find the definition of a public place?
- a place (whether or not covered by water)
- a part or premises, that is open to the public, or is used by the public whether or not on payment of 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 person, but does not include a school.
What is meant by wilful?
R v Senior - wilfully means that the act is done deliberately and intentionally, not by accident or inadvertence, but so that the mind of the person who does the act goes with it.
What is the difference between lawful and reasonable excuse?
A reasonable excuse is not a lawful excuse. Lawful is legislated, reasonable is unique to the circumstances.
What is meant by reasonable excuses?
It has not been incontrovertibly defined because each excuse put forward in answer to a charge is unique. It requires a subjective and objective evaluation - Minkley v Monroe
What is meant by lawful purpose?
It is a defence, to a prosecution for an offence. It was done with lawful authority.
What does the Connors v Craigie case say about reasonable excuses?
Consider subj and obj and it must be related to the immediate prevailing circumstances in which the offensive words, etc are used.
What does Taikato v The Queen say about lawful purpose?
It should be read as a purpose that is authorised, as opposed to not forbidden by law.
What is meat by offensive?
be such as is calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person.
Worcester v Smith
Does language alone constitute offensive conduct?
No, it does not.
What should you consider in an offensive conduct charge?
The behaviour must be calculated to wound the feelings, arouse anger or resentment or disguise.
- not necessary to prove in a particular case that any such reasonable person was in fact present at the time.
- to be offensive must consider where it took place and the circumstances.
What does Spence v Loguch say about whether or not a person was offended?
It is not necessary to show that in fact there were such reasonable persons who were in fact offended.
What is section 4A?
Offensive language
What is section 5?
Obscene exposure
What are the elements of obscene exposure?
A person shall not, in or within view of a public place or school, wilfully and obscenely expose his or her person.
What does obscenely mean?
Those contemporary standards of decency which in the opinion or the Court prevailed at the time of the charge.
What is meant by person in a section 5 charge?
Both male and female private areas
What is an offence under section 11A?
A violent disorder - it has more than three people. Only carries a 6 month penalty
What is an offensive implement?
Anything made or adapted for use for causing injury to a person. Anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property
What is meant by Custody?
Must have immediate de-facto control or charge of the article in question.
What is section 11C?
Custody of a knife.
Scissors have two blades but DPP say no to prosecuting it.
What does section 32 state about proceedings for offences?
Summary offences Act means 6 months limitations
