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Flashcards in Behaviour Offences Deck (20)
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1
Q

Fighting in Public Place

A

[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.

2
Q

Disorderly Behaviour Likely to Cause Violence

A
[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]
3
Q

Offensive or Disorderly Behaviour

A

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

4
Q

Disorderly Assembly

A
[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]
5
Q

s32 - excreates in public place

A

[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.

6
Q

Resisting Police

A

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

7
Q

Obstruction

A

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

8
Q

Types of Obstruction

A

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

9
Q

A Public Place is:

A
[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]
10
Q

Assault Offence

A
Assaults
(Act of intentionally applying, or attempting to apply force to another person, directly, indirectly)
\+
Another Person
(Another person as victim)
11
Q

Assault Factor: Intent

A

Was the applied force intended

12
Q

Assault Factor: Weapons, or Degree of force used

A

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

13
Q

Assault Factor: Injury Received

A

Was the victim injured, wounded, or killed

14
Q

Peeping or Peering into Dwelling

A
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)
15
Q

Loitering on land of dwelling house

A
Found
\+
By Night
\+
Without reasonable excuse
\+
Loitering on any land
\+
On land with dwelling house situated
16
Q

Found on Property without reasonable excuse

A
Found
\+
Without Resonable Excuse
\+
In, or
On
\+
Any Building,
or
Any powered vehicle
17
Q

Found in enclosed yard or area, without reasonable excuse

A
Found
\+
Without Reasonable Excuse
\+
In
\+
Any enclosed yard, or similar area
18
Q

Trespass Offence

A
Trespasses
\+
On any place
\+
After being warned to leave that place by any lawful occupier
\+
Neglects, or refuses to leave
19
Q

Trespass after previous warning Offence

A
Being a person previously served trespass notice
\+
Wilfully trespasses onto that place
\+
Within TWO years
20
Q

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

A

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