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Lecture 6

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Donna Buckingham

14/03 Legislation 6: Diner’s Dilemma: content not examinable. Diner has run up a bill eating at a restaurant, and is found to be unable to pay. Crimes Act 1961: 1. Interpretation- (1) In this Act, unless the context otherwise requires,- ‘Criminally responsible’ means liable to punishment for an offence: ‘Justified’ in relation to any person, means not guilty of an offence and not liable to any civil proceeding; ‘Night’ or ‘night time’ means the interval between 9 o’clock at night and 6 o’clock the following morning; ‘Protected from criminal responsibility’ means not liable to any proceedings except a civil proceeding; … 35. Arrest of a person found committing certain crimes- Every one is justified in arresting without a warrant- (a) Any person whom he finds committing any offence against this Act that is punishable by death for which the maximum punishment is not less than 3 years’ imprisonment: (b) Any person whom he finds by night committing any offence against this Act 36. Arrest of person believed to be committing crime by night- Every one is protected from criminal responsibility for arresting without warrant any person whom he finds by night in circumstances affording reasonable and probable grounds for believing that person is committing an offence against this act.  Arrest is the assumption of the ability to put someone into the criminal justice system: deprivation of somebody’s liberty.  2 forms of arrest in our society: i. arrest in the form of a warrant; document sworn by a JP, registrar of court or judge. ii. Arrest without warrant; by a police officer or persons they can reasonably call into their assistance.  Crimes act provides guidelines for somebody outside the police force and without a warrant, should they arrest somebody. (Legally.) Provisions: 1. Assume that the act is in force. 2. Every one- all private citizens 3. ‘Justified’ in relation to any person, means not guilty of an offence and not liable to any civil proceeding; a. The manager will be protected if charged by the offender by section 35, which protects a citizen who makes an arrest without warrant from both criminal and civil liability, for the fact of the arrest. b. Force used to affect an arrest must be proportional to the reaction of the person being arrested. Section 35 would not justify violence or assault if it were not required- therefore could be charged for grievous bodily harm. c. Therefore, under s246(2)(a) the diner could be charged. If he were charged, can the manager of the diner rely on s35(a)? i. Yes- because it is punishable by not less than 3 years imprisonment. d. Offence with which the diner might be charged is s247 Obtaining Credit Fraudulently- period of credit extended to you implicitly when you order a meal and you are not asked to pay for it straight away. If that is the charge the offender will face,
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