Offensive Behaviour (VCE SSCE Legal Studies): Flashcards
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Definition of offensive behaviour
Definition of offensive behaviour
Conduct calculated to wound feelings or arouse anger/resentment
Legal provision for offensive behaviour in Vic
Legal provision for offensive behaviour in Vic
Section 17 of Summary Offences Act 1966 (Vic)
Classification of offensive behaviour offence
Classification of offensive behaviour offence
Summary offence
Max penalty for 1st offensive behaviour offence
Max penalty for 1st offensive behaviour offence
10 penalty units or 2 months imprisonment
Test used to determine if conduct is offensive
Test used to determine if conduct is offensive
Reasonable person test (objective standard)
Two elements prosecution must prove
Two elements prosecution must prove
Conduct prohibited by s17 & occurred in/near public place
Examples of public places under the Act
Examples of public places under the Act
Roads, parks, markets, schools, transport infrastructure
What s17(1A) specifically includes as offensive conduct
What s17(1A) specifically includes as offensive conduct
Exposing one's anal or genital region to any extent
Defence: coprolalia
Defence: coprolalia
Mental impairment causing compulsive swearing (involuntary)
Victorian offensive behaviour trend 2018-2022
Victorian offensive behaviour trend 2018-2022
Over 30% increase in total offences