LLB 130 Final: Scaffold for Public Order Offences
Scaffold for Public Order Offences
Summary Offences Act 1988
S 4 – offensive conduct
S 4A – offensive language
What is the AR?
• The conduct/language must be offensive
• Must be voluntary
• See quote in notes (Inglis v Fish; Ball v McIntyre)
Circumstance 1: Offensiveness of the conduct/language
• What is offesie? Variet of speeh/laguage falls ithi this
• What are the characteristics of the reasonable person and offensive conduct?
• Context
• Not necessary that the person was in fact offended: Connolly v Willis
• See Ball v McIntyre; Beck v NSW; Police v Butler
Circumstance 2: Relevant proximity
• The conduct was in or near or within view or hearing from a public place or school or
the speech was in or near or within hearing from a public place or school
• What does ear or ithi hearig fro ea?
• Public place s 3 Summary Offences Act
Act/Conduct
Circumstance 1
Circumstance 2
Conduct/language
The conduct is offensive
Proiit
What is the MR of public order offences?
• Ss 4 and 4A silent as to MR – unclear if MR needs to be proved
• Reference to He Kaw Teh – still the presumption that MR needs to be proved
• Jeffs v Graham – Crown must prove beyond reasonable doubt that the person
charged had voluntarily engaged in the conduct complained of
• The fact that the statute provides a defence of reasonable excuse is not an indication
that the Cro does’t ear the ous of proig MR
• According to common law, the prosecution must prove beyond reasonable doubt
that the person charged voluntarily engaged in the conduct complained of
• Does the MR need to be proved for both or can one be a strict liability for the
purpose of the act and good of society?
• See Pregelj and Wurramurra v Manison; Pfeifer
Does the statutory defence apply?
• Reasonable excuse – the aused had a reasoale euse for odutig hiself or
herself i the aer alleged
- If YES = charges dropped, no penalty
- If NO = what penalty applies? See s 4 and s 4A
find more resources at oneclass.com
find more resources at oneclass.com
