Behaviour Offences

Question 1

Fighting in Public Place

Answer 1

[Fights]
+
[In a Public Place]

*This is a consent based offence.
Two persons, or more must agree upon a fight and engage in fighting in a public place. If one person is not consenting, it is assault and they are using self defence if they fight back.
*If a person withdraws consent and the other continues, it is also assault.

Question 2

Disorderly Behaviour Likely to Cause Violence

Answer 2

[In a public place, or within view of]
\+
[Behaves or incites others to behave in]
\+
[A riotous manner]
(force, or violence likely to alarm0
or
[An Offensive manner]
(arouses feelings of anger, resent, or disgust)
or
[A threatening manner]
(Displays intent to hurt, or punish)
or
[An insulting manner]
(Insulting or seriously annoying behaviour)
or
[A disorderly manner]
(Seriously Disruptive, or disturbs public order)
\+
[Is likely in the circumstances to create an instance of violence to a person or property]

Question 3

Offensive or Disorderly Behaviour

Answer 3

[In a Public Place, or within view of]
+
[Behaves in an offensive manner, or behaves in a disorderly manner]

Question 4

Disorderly Assembly

Answer 4

[Assembly of 3 or more people]
\+
[In a public place]
\+
[Assembly or conduct of the persons causes public to fear on resonable grounds]
\+
{Assembly will either]
\+
[Use violence, or commit an offence]

Question 5

s32 - excreates in public place

Answer 5

[Urinates, or Defecates]
+
[In any public place]

*s39 SOA K9 Power:
This offence is arrestable if witnessed by an officer and the person fails to give details, or provides false details, persons expectation of reasonable privacy should be taken into account.

Question 6

Resisting Police

Answer 6

[Resists, or Incites others to resist]
+
[Any constable or authorised officer, or person acting in execution of lawful duties]

Question 7

Obstruction

Answer 7

[Intentionally Obstructs, or Incites other to Obstruct]
+
[Any constable, or authorised officer, or person acting in the execution of lawful duties]

Question 8

Types of Obstruction

Answer 8

Physical - Deliberate use of body to block, or hinder access to suspect/offender

Delaying - Deliberate delaying tactics to aid in escape of suspect/offender

Warning - Warning someone in the act of an offence that law enforcement are approaching, to allow avoidance of arrest.

Refusing to obey - Refusing to carry out lawful instruction, or allow statutory search

Telling Untruths - Deliberate untruths to an enquiring constable to allow and offender to evade the constable

Question 9

A Public Place is:

Answer 9

[A place that at any designated time]
\+
[Is open to, or being used by public]
\+
[Either free, or for payment]
\+
[Whether owner is lawfully entitled to exclude persons]
\+
[Includes any mode of transport]
\+
[That is carrying, or available to carry for reward]
\+
[Includes the interior of any transport in a public place]

Question 10

Assault Offence

Answer 10

Assaults
(Act of intentionally applying, or attempting to apply force to another person, directly, indirectly)
\+
Another Person
(Another person as victim)

Question 11

Assault Factor: Intent

Answer 11

Was the applied force intended

Question 12

Assault Factor: Weapons, or Degree of force used

Answer 12

Was the assault a slap, or was a knife or weapon used. Was the person intentionally kicked in the head, or concussed?

Question 13

Assault Factor: Injury Received

Answer 13

Was the victim injured, wounded, or killed

Question 14

Peeping or Peering into Dwelling

Answer 14

Found
(Discovered, seen entering, leaving, or seen)
\+
By Night
(Between 1st hour after sunset and 1st hour before sunrise)
\+
Without Reasonable Excuse
(no lawful, resoable, genuine excuse)
\+
Peeping or Peering
Into a dwelling house
(A lived in residence)

Question 15

Loitering on land of dwelling house

Answer 15

Found
\+
By Night
\+
Without reasonable excuse
\+
Loitering on any land
\+
On land with dwelling house situated

Question 16

Found on Property without reasonable excuse

Answer 16

Found
\+
Without Resonable Excuse
\+
In, or
On
\+
Any Building,
or
Any powered vehicle

Question 17

Found in enclosed yard or area, without reasonable excuse

Answer 17

Found
\+
Without Reasonable Excuse
\+
In
\+
Any enclosed yard, or similar area

Question 18

Trespass Offence

Answer 18

Trespasses
\+
On any place
\+
After being warned to leave that place by any lawful occupier
\+
Neglects, or refuses to leave

Question 19

Trespass after previous warning Offence

Answer 19

Being a person previously served trespass notice
\+
Wilfully trespasses onto that place
\+
Within TWO years

Question 20

Trespass address no longer occupied by owner = Offence, Y/N?

Answer 20

Not an offence anymore, person who trespassed is not in lawful control of property