Topic 5

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Author:
Bonny
ID:
137669
Filename:
Topic 5
Updated:
2012-02-25 19:59:49
Tags:
Police Crime Society
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Description:
Street Offences
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  1. Discuss the issues of social norm violation, deviance & how these issues underlie the formation of laws that deal with anti-social behaviour.
  2. Provide the legal definition for the following term:
    *Knife
    • knife: commonly regarded as either a weapon or tool that has a cutting or piercing blade or portion to which some type of handle/grip is attached. Its legal definition is simply;
    • 1. a knife blade or
    • 2. a razor blade or
    • 3. any other blade

    but does not include anything that is of a class or description declared by the regs to be excluded from this definition e.g axe or sword
  3. Provide the legal definition for the following term:

    * Public place
    is fully defined in the summary offences act 1988, being a place or premises open to the public whether or not on payment of money but does not include a school
  4. Provide the legal definition for the following term:

    * School
  5. Explain & apply the following offence from the summary offences act 1988

    s4 Offensive conduct
    Proofs:

    • The accused
    • a) conducted himself or herself in an offensive manner
    • b) in,near or within view or hearing from a public place or school

    offensive conduct is bums & boobs
  6. Explain & apply the following offence from the summary offences act 1988

    s4A Offensive language
    Proofs:

    • The Accused
    • a) used offensive language
    • b) in, near, or within view or hearing from, a public place or school
  7. what is the test we need to apply to determine if something is offensive conduct or offensive language.
    Definition of offensive: calculated to wound the feelings, arouse anger or resentment or disgust in the mind of a reasonable person.

    A person of reasonable firmness - a person of average intelligence & ability.
  8. Explain & apply the following offence from the summary offences act 1988

    s5 Obscene exposure
    Proofs:

    • The accused
    • a) in, or within view from a public place or school
    • b) wilfully and
    • c) obscenely exposed his/her person

    (refers to willys & wilmas) i.e. streakers & flashers

    wilful: the act is done deliberately & intentionally, not by accident or inadvertence, but so that the mind of the person who does the act goes with it.
  9. Explain & apply the following offence from the summary offences act 1988

    s11 possession of liquor by minors
    A person under the age of 18 cannot be in possession of liquor unless under the supervision of a responsible adult or has a reasonable excuse: penalty $20

    • proofs
    • a) under 18
    • b) not supervised and
    • c) no excuse

    NB the minor cannot be arrested for thiss offence unless for the purposes of issuing a caution
  10. Explain & apply the following offence from the summary offences act 1988

    s11A violent disorder
    • * involves three or more people
    • * violence directed at person or property
    • * words alone CAN consitute an offence
    • * person uses or threatens violence
    • * Common purpose required
    • * Summary Offence
  11. Explain & apply the following offence from the summary offences act 1988

    s11B custody of offensive implement
    Definition of Offensive implement:

    • a) anything mad or adapted for use for causing injury to a person, or
    • b)anything intended by the peron having custody of the thing to be used or menace a person or damage property
  12. Explain & apply the following offence from the summary offences act 1988

    s11C - custody of knife in public place or school
    proofs:

    • 1) the accused without reasonable excuse
    • 2) had a knife in his/her custody
    • 3) In a public place or school

    • Reasonable excuse can consist of:
    • 1) required for your job
    • 2) for eating food
    • 3) lawful entertainment, recreation or sport
    • 4) exhibition of knives for retail
    • 5) exhibition by knife collectors
    • 6) wearing an official uniform
    • 7) genuine religious purposes
  13. Explain & apply the following offence from the summary offences act 1988

    s11D - parents who allow children to carry knives
    Proofs:

    • 1) accused was a parent of a child
    • 2) under the age of 18
    • 3) child committed an offence under 11C - cusody of a knife
    • 4) the accused knowlingly nauthorised or permitted the child to commit the offence
  14. Explain & apply the following offence from the summary offences act 1988

    S11E - wielding of knives in a public place or school
    proofs:

    • 1) the accused without reasonable excuse
    • 2) had in his/her custody a knife that was visible
    • 3) in the presence of any person in a public place or school
  15. Explain & apply the following offence from the summary offences act 1988

    s11F - sale of knives to children
    proofs:

    • 1) the accused principal or employee
    • 2) sold a knife
    • 3) to a child under the age of 16
    • 4) unless reasonable grounds to believe over 16 years
  16. Note: The role of policing when dealing with peoples use of public space and how the police role can alter from mpeacekeeper to law enforcer. When people's behaviour in public space begins to offend and the situation requires a level of law enforcement, this often involves groups of people acting together, rather than individually. In this regard, police can utilise the provisions of certain offences best developeed to suit.
  17. Explain & apply the following offence from the NSW Crimes Act 40/1900

    s93B Riot
    • * involves 12 or more people
    • * violence directed at person or property
    • * words alone cannot consitute the offence
    • * person uses violence
    • *common purpose required
    • *Indictable offence
  18. Explain & apply the following offence from the NSW Crimes Act 40/1900

    s93c - Affray
    • * involve one or more people
    • * violence directed at a person only
    • * words alone cannot constitute the offence
    • * persons uses or threatens violence
    • * no common purpose required
    • * indictable offence
  19. Explain & apply the following offence from the Graffiti Control Act 2008

    S1 damaging & defacing property by means of graffitti implement
    Proofs:

    • 1) the accused
    • 2) without reasonable excuse
    • 3) intentionally damaged or defaced
    • 4) any premises or other property
    • 5) by means of graffiti implement
  20. Explain & apply the following offence from the Graffiti Control Act 2008

    s5 - possession of graffiti implement
    Proofs:

    • 1) The accused
    • 2) Had a graffiti implement
    • 3) in his/her possession
    • 4) with the intention
    • 5) to be used to damage or deface premises or property
  21. Explain & apply the following offence from the Graffiti Control Act 2008

    s7 selling spray cans to minors
    • A person who sells a spray paint can to a person under the age of 18 years is guilty of an offence.Maximum penalty: 10 penalty units.
    • (2) It is a defence (proof of which lies on the person selling the spray paint can) to a prosecution for an offence under this section that the person selling the spray paint can believed on reasonable grounds that the person to whom the spray paint can was sold was of or above the age of 18 years.
    • (3) If an employee contravenes subsection (1), the employer is taken to have contravened that subsection, whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions.
    • (4) It is a defence to a prosecution against an employer for such a contravention if it is proved:(a) that the employer had no knowledge of the contravention, and(b) that the employer could not, by the exercise of due diligence, have prevented the contravention.
    • (5) An employer may be proceeded against and convicted under subsection (1) by virtue of subsection (3) whether or not the employee has been proceeded against or convicted under subsection (1).
    • (6) The regulations may provide that this section does not apply to or in relation to any specified class or description of spray paint can.
  22. Outline the following provisions from the summary offences regulation 2005

    Reg 4 Reasons for seizure
    • s4(1) a police officer must give reasons for the seizure
    • s4(2) the police officer must tell the person from whom the liquor is seized that the police officer suspects that the person:
    • a) is under the age of 18
    • b) is not under supervision of a responsible adult
    • c) does not have a reasonable excuse to possess the liquor
  23. Outline the following provisions from the summary offences regulation 2005

    Reg 5 Disposal of confiscated liquor
    s5(1) seized liquor may be disposed of when seized if:

    a) it is in a container which is unsealed or from which part of the contents have been removed, or

    b) it will soon become unfit for human consumption

    s5(2) must not be disposed of at the time of seizure if the quantity or value of the liquor, makes disposal unreasonable or undesirable

    s5(3) disposal must be by a method that ensures that the liquor does not remain or become available for consumption by any person
  24. Outline the following provisions from the summary offences regulation 2005

    reg 6 - Information as to custody of seized liquor
    reg6(1) only applies if the seized liquor is not disposed of at the time of seizure

    • reg 6(2) at the time of seizure the police officer must inform the person from whom the liquor was seized:
    • a) that the liquor will be taken to a specified polie station and kept there for at least 24hrs
    • b) that a claim for return of the liquor may be made at the police station

    • reg6(3) a receipt specifying details of the seized liquor must be issued to that person
    • a) at the time of seizure or
    • b) at the time the liquor is taken to the police station by any officer there
  25. Outline the following provisions from the summary offences regulation 2005

    Reg 7 - seized liquor to be kept at police station
    reg7(1) seized liquor not disposed of at the time of seizure must be taken to the appropriate police station & kept there for at least 24 hrs

    reg7(2) the appropriate police station is the one to which the person from whom the liquor was seized was informed the liquor would be taken
  26. Outline the following provisions from the summary offences regulation 2005

    Reg 8 - claim for seized liquor
    reg 8(1) seized liquor must be returned to the person from whom it wa seized if:

    a) the person can establish they were 18 at the time it was seized

    b) the person established they had a reasonable excuse for possessing the liquor

    c) the police officer is satisfied that in all the circumstances the return of the liquor is justified

    (2) return of seized liquor may be refused to a person under the age of 18 if not accompanied by a responsible adult

    (3) before seized liquor is returned, satisfactory proof of entitlement to the liquor may be required, including production of the receipt issued for the seized liquor.
  27. Outline the following provisions from the summary offences regulation 2005

    Reg 9 - Acknowledgement of return of seized liquor
    (1) a person to whom seized liquor is to be returned may be required to sign an acknowledgment that the liquor has been returned

    (2) return of seized liquor may be withheld if the acknowledgment is not signed
  28. Outline the following provisions from the summary offences regulation 2005

    Reg 10 - Disposal of seized liquor in accordance with Commissioner's instructions
    when it is no longer intended to keep seized liquor at a police station, it must be dealt with in accordance with the instructions of the Commissioner of Police concerning liquor forfeited to the crown
  29. Outline the following provisions from the summary offences regulation 2005

    Reg 11 - Exempt knives
    • for the purposes of 11F(6) of the Act, s11F of the Act does not apply to:
    • a) plastic knives that are designed for eating purposes or
    • b) any blades (other than knife blades or a blade forming part of a machete, cleaver or sword)
  30. Police move on powers regarding intoxicated persons
    The summary offences act has given police the power to issue a "move on" direction to an intoxicated person who is both intoxicated and behaving in a disorderly manner in a public place. its is also an offence if the person fails to comply and returned to that public place & behavies in a disorderly manner whilst still intoxicated.

    It is necessary to prove that move on direction was issued in the prvious 6 hours

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