Summary Offences Act Legislation Flashcards
(17 cards)
What are the elements for s.4(a) SOA - Offensive language?
- The accused.
- Without reasonable excuse.
- Used offensive language
In, near or within hearing of a public place or school.
What are the elements for s4 SOA - Offensive conduct?
- The accused.
- Without reasonable excuse.
- Conducted themselves in an offensive manner in, near, or within hearing/viewing of a public place or school.
S. 4 Summary Offences Act 1986 – Offensive conduct:
S. 4 SOA 1986 – Offensive conduct
• The accused
• Without reasonable excuse
• Conducted themselves in an offensive manner
• In, near or within view/hearing of a public place or school
- The test of reasonable 3rd person applies
Maximum penalty: 6 penalty units or imprisonment for 3 months.
S. 4A Summary Offences Act 1986 – Offensive language:
S. 4A SOA 1986 – Offensive language.
• The accused
• Without reasonable excuse
• Used offensive language
• In, near or within hearing of a public place or school
- The test of reasonable 3rd person applies
Maximum penalty: 6 penalty units.
S. 5 Summary Offences Act 1986 – Obscene exposure:
S. 5 SOA 1986 – Obscene exposure.
• The accused
• Willfully and obscenely
• Exposed his or her person (referring to genitals)
• In, or within view from a public place or school
- The test of reasonable 3rd person applies to obscenely only.
Maximum penalty: 10 penalty units or imprisonment for six
months.
S. 6 Summary Offences Act 1986 – Obstructing traffic:
S. 6 SOA 1986 - Obstructing traffic: • The accused • Without reasonable excuse • Willfully prevents free passage • Of a person/vehicle/vessel • In a public place
Maximum penalty: 4 penalty units.
S. 7 Summary Offences Act 1986 – Damaging fountains:
S. 7 SOA 1986 – Damaging fountains: • The accused • Wilfully • Damages or defaces or, • Enters or, • Causes any foreign material or substance to enter into • Any part of a fountain • In a public place
Maximum penalty: 4 penalty units.
S. 9 SOA 1986 – Continuation of intoxicated and disorderly behaviour following move on
direction:
S. 9 SOA 1986 – Continuation of intoxicated and disorderly behaviour following move on direction:
• The accused
• Having previously received a direction for being intoxicated
and disorderly in public place
• Within the allocated time limit for said direction
• Continues to be intoxicated and disorderly
• In any public place.
Maximum penalty: 15 penalty units
S. 11 SOA 1986 – Possession of liquor by minors:
S. 11 SOA 1986 – Possession of liquor by minors: • The accused who is under 18 • Possesses/consumes alcohol • Without: - supervision of a responsible adult, or - a reasonable excuse, • In a public place - Police may seize the alcohol in these circumstances.
S. 11A SOA 1986 – Violent disorder:
S. 11A SOA 1986 – Violent disorder: • 3 or more persons • Presented together • Conduct taken together • Use or threaten unlawful violence • Towards person or property • In a public or private place • Causes person of reasonable firmness to fear for their safety (need not be present).
Maximum penalty: 10 penalty units or imprisonment for 6
months
S. 11B SOA 1986 – Custody of ‘offensive implement’:
S. 11B SOA 1986 – Custody of ‘offensive implement’:
- The accused
- Without reasonable excuse
- Has in their possession an offensive implement
- In a public place or school
Maximum penalty: 50 penalty units or imprisonment for 2 years.
S. 11C SOA 1986 – Custody of knife (any blade) in public place or school:
S. 11C SOA 1986 – Custody of knife (any blade) in public place or school:
• The accused
• Without reasonable excuse: (POKEROTE)
P – Preparation of food or drink (e.g. picnic)
O – Official uniform
K – Knife collection or exhibition
E – Exhibition of knives for retail, etc.
R – Genuine Religious reasons
O – Lawful Occupation
T – Travelling to and from any of these activities
E – Lawful Entertainment, recreation or sport (e.g. fencing
practice)
• Has in their custody a knife
• In a public place or school
S. 11D SOA 1986 – Parents who allow children to carry knives:
• The accused who is a parent of a child:
Under 18 years,
Who committed an offence under S.11C SOA,
• Knowingly authorises or permits the child to commit the
offence.
Maximum penalty: 5 penalty units.
S. 11E SOA 1986 - Wielding of knives in a public place or a school:
S. 11E SOA 1986 - Wielding of knives in a public place or a school: • The accused • Without reasonable excuse • Uses/carries a knife • That is visible • In a public place or school
Maximum penalty: 50 penalty units or imprisonment for 2 years.
S. 11F SOA 1986 – Sale of knife to child under 16:
S. 11F SOA 1986 – Sale of knife to child under 16:
• The accused
• Sells a knife
• To a child under 16 years of age
- Employer is guilty of the offence unless it can be proved there was no knowledge of the sale or they could not prevent the sale (by exercise of due diligence).
Maximum penalty: 50 penalty units.
What are the elements for s. 4a SOA - Offensive language?
- The accused.
- Without reasonable excuse.
- Used offensive language
In, near or within hearing of a public place or school.
What are the elements for s4 SOA - Offensive conduct?
- The accused.
- Without reasonable excuse.
- Conducted themselves in an offensive manner in, near, or within hearing/viewing of a public place or school.
