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
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
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.
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
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