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Issues Raised

Question:

Discuss about the Legal Advice Penalties and Punishment Under Australian Law.

There are five friends Jane, Grayson, Teri, Stacy and Kim who lives in Northern NSW in Australia. They usually used to meet in the weekend. They met on mid December of 2016 on Sunday with a Christmas mood of celebration in a hotel for a cocktail party with gourmet wood fired pizzas and hard drink. They have also done shopping for their relatives. Jane bought expensive knives for her parents for kitchen. Grayson bought toy car for his nephew. Stacy ought ultrasonic for whistle for her boy friend. Teri bought RESIST flag or her cousin and Kim bought normal home products. Among them Grayson was anti Christmas because he used to think that Christmas is for showing capitalism. So he wore a black t-shirt which was against Christmas. As everyone was in a festive mood even the bartender in the hotel so they were over drunk which raised problem for them. Issues rose because of their wrong behaviour in a public place at front of the police and their misbehaviour was the reason of the penalty taken from them. In this case all the five rinds are liable for their penalties and their actions which they performed. The interpretation and liability is discussed in the ILAC method below.

The first issue in the case is excessive drinking in the festive season. The bartender was also in a festive mood so he gave the hard drink with less amount of water and it was their fault that they did not drunk in a limit. The second mistake was done by Grayson who wore a black t-shirt which gave wrong anti Christmas message which was against Christian capitalism. Then their mistake was walking in a wrong manner in the foot path and talking rubbish after they were drunk which breaks the peaceful equilibrium and may disturb the people in public place. After giving the warning from the constable they ignored and started behaving in an abusive manner with the constables. They also started criticizing the law which was the biggest crime.

Five of them started behaving in a wrong way with the two of the constable after warning. Teri came in debate with the police constable that it is their right to speak and walk as per their own wish but walking in a drunken condition and behaving in a wrong way in street is against Summary Offences Act 1988[1]. In the street Teri started shouting on infringement on her rights by taking the resist flag which she bought for her cousin. By following her all her friends supported Teri by behaving in same manner which a wrong. Teri also drops per her pant and shows her buttocks and also pulled her trouser up. All these were the offensive and abusive behaviour which she did with the police and that as against the law[2].

Stacy also started blowing the dog whistle in the street which was disturbing the entire environed in the street and the home or schools near the area. Then Grayson took the remote control toy car and steer the car towards the constable which was another abusive behaviour with police. After all these offense of doing abusive behaviour with the police they constables ordered Jane and Kim to show the things inside their bag. When knives were found in the bag of Jane they thought that she has an intention of doing any offense and they asked for the penalty of $50 from Jane or to visit the court. Because of all the past records and the abusive behaviour of five friends with the police is the reason that the constables lost their faith from Jane, Grayson, Teri, Stacy and Kim and as they were breaking the equilibrium of public by breaking their peace and disturbing  the equilibrium of the public place. Issues rose because after all such behaviours penalty was asked by the five friends under Australian law and they were given punishment under different sections so that they do not commit such actions further in their life.

Breaching of Summary Offences Act 1988

For all the instances faced there are some penalties and punishment for breaching Summary Offences Act 1988. If the five friends ask for legal idea then the legal advisor will say that, according to section 25 of NSW Legislation of Summary Offences Act 1988 if any person behaves in an abusive and offensive manner in a public place then they can b arrested or asked for penalty which was given to the five friends Jane, Grayson, Teri, Stacy and Kim. Each of them got punishment for their actions of breaching the rules[3]. As Grayson took out the remote control toy car from his bag and harassed the police by chasing them with the care, so Grayson was charged penalty under section 11 H (1)(a)[4]. According to section 11H use of intimidator vehicles are not allowed which has been used by Grayson o abuse the police which is an offence. According to section 11H (1) it is not allowed a person to use motorised vehicle in public place and according to section 11H (1) (a) if that manner is used to harass someone then they will be asked penalty legally and if they are not capable of giving that then they will be imprisoned which can occur in the case of Grayson[5]. There are 6 penalty units of section 11H under which compensation or penalty can be asked from him for the wrong behaviour which he did with the constables.

Grayson was charged also charged under section 4A of Summary Offences Act 1988 and he should also be charged under section 4[6]. According to section 4 of Summary Offences Act 1988, if any offensive conduct is done in any public place then whether 3 months imprisonment or penalty can be asked. Offensive conduct is done by Grayson by harassing the police with the remote car toy.

Penalty was also asked from Grayson under section 4A of Summary Offences Act 1988[7]. As Grayson wore a t-shirt in which it was written that “Keep Calm and Fuck Christmas”, which is against Christianity and using offensive language in public place so penalty is needed to be given by him so under section 4A (1) penalty should be asked from him. Under Crimes (Sentencing Procedure) Act 1999, the person can be imprisoned or punished under law[8].

Stacey was asked penalty under section 28J of Summary Offences Act 1988 for the offence of hunting on private land. As she blown the dog whistle and a small fluffy Maltes came out from a house, it indicated that she was hunting in a private pace which was a crime ad offence[9]. In this case under Local Land Service Act 2013, the land owner or the owner of the dog can sue Stacey because of hunting their private dog. There are 10 penalty units and 12 months imprisonment for that offence[10].

Jane is charged under section 11C of Summary Offences Act 1988 which falls under subdivision 1 of Knives and offensive implements. According to section 11C a person should not keep knife or any dangerous weapon with him or her while travelling in public place[11]. As Jane had knives with her so she was asked penalty under section 11C which has 20 penalty units and there are 2 years punishment if the penalty is not provided. So legally it can be said that someone should give proof that why the person is carrying knife with him or hear. It is important that valid reasons needed to be shown. As the previous records of Jane and his friend was not good, so the constable asked penalty from her.  

Penalties for Greyson and Stacey

Teri was charged under section 5 of Summary Offences Act 1988 because of the obscene exposure done by her. Firstly she incensed an infringement wither rights by showing the flag which she purchased for her cousin[12]. Secondly she opened her pants and shown her buttocks and pulled up her trousers which are obscene exposure in public place. This is a crime, so under section 5 whether penalty is asked by her as there are 10 penalty units or six months imprisonment can be given to her for her misbehaviour or obscene behaviour.

All the five friends were charged under section 9 of SUMMARY OFFENCES ACT 1988 because disorder and intoxicated direction was behaved by them while loitering in the public place. As they were moving in an intoxicated condition after drinking so maximum there are 15 penalty units which can claim penalty or compensation from them[13]. It is not allowed to loiter in public place with intoxicated way so as they did that so it is punishable offence for them. They were also punished under section 23 of SUMMARY OFFENCES ACT 1988 which is authorized under authorized public assemblies. These were implied on them because they broke the public rules made by Australian government[14].

Exclusion observed in case of Jane because as she has given penalty of $50 to the constable under section 29 of penalty notice, so she can prove that section 11C is unlawfully forced charge given on her[15]. In such condition she can counter appear to court against the constable for giving charge after taking financial penalty on the moment and on the prove can show the receipt of the penalty change given by her. So in this case the charge can be dismissed by the court.

Another charge of section 6 SUMMARY OFFENCES ACT 1988 because hey were blocking the traffic in the public place. According to section 6 it is an offense to obstruct traffic in public place which can disturb people. There are 4 penalty units of this act.

All these are the sections which are implemented on them which have to be faced by five of the friends.

In all the cases the parties themselves are responsible for their deeds. The liability comes on them except Jane. Jane can counter appeal in court because she has only performed one wrong ct that is loitering in an intoxicated condition in the street. He has bought the knives for the kitchen in her house for her and her parent’s need. A person can buy the important things which she needs and which is useful to the person. Still after charging penalty she gave $50 to the constables so it is wrong to charge under section 11C of SUMMARY OFFENCES ACT 1988. She may fight against this unlawful charge by appealing to court and objected positive decision can be taken on her side. The offences created by the five friends are hard to be resolved because they had misbehaved with the constables in the public place and the laws and regulations are against them. They have also breached the statuary law of Summary Offence Act which cannot be forbidden[16]. Australian government has got several principles which are strict and as the citizens of the country they should have ideas that what is wrong and what is right. If the ask for any legal suggestions for help, so they cannot be rescued and in that case they have to whether give the penalty under the penalty units for doing offences in intoxicated condition or they have to accept imprisonment or punishment given by the Australian court under NSW act. It is necessary all the acts are needed to be performed safely which the five friends are needed to be followed by the people.

Conclusion

In this assignment details about Summary Offences Act 1988 is given and the case with the ILAC method is described. The offences of five friends has been described who did minor mistakes but penalty charged had to be given by them. It is described that if publically offences are done and a person misbehaves with police constables then they has to give the penalty for that. So it is necessary that proper rules of government should be followed and any offensive behaviour or obscene actions should not be taken publically which can ask penalty and severe punishment may be the result as described in the cases of the assignment.

Bonney, R. (1989). NSW Summary Offences Act 1988. NSW Bureau of Crime and Statistics Research, Attorney General's Department.

Greenfield, Eric J and David J Nowak, Tree Cover And Aridity Projections To 2060 (U.S. Dept. of Agriculture, Forest Service, Northern Research Station, 1st ed, 2013)

Hooper, Anthony et al, Blackstone's Criminal Practice, 2012 (Oxford University Press, 1st ed, 2011)

Miller, C. J, Contempt Of Court (Oxford University Press, 1st ed, 2000)

ROAD TRANSPORT ACT 2013 (2017) Austlii.edu.au <https://www.austlii.edu.au/au/legis/nsw/consol_act/rta2013187/>

SUMMARY OFFENCES ACT 1988 - SECT 11Ccustody Of Knife In Public Place Or School (2017) Austlii.edu.au <https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s11c.html>

SUMMARY OFFENCES ACT 1988 - SECT 11Hintimidatory Use Of Vehicles And Vessels (2017) Austlii.edu.au <https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s11h.html>

SUMMARY OFFENCES ACT 1988 - SECT 23Authorised Public Assemblies (2016) Austlii.edu.au <https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s23.html>

SUMMARY OFFENCES ACT 1988 - SECT 25Prohibition By A Court Of A Public Assembly (2017) Austlii.edu.au <https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s25.html>

SUMMARY OFFENCES ACT 1988 - SECT 28Joffence Of Hunting On Private Land (2017) Austlii.edu.au <https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s28j.html>

SUMMARY OFFENCES ACT 1988 - SECT 29Penalty Notices (2017) Austlii.edu.au https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s29.html

SUMMARY OFFENCES ACT 1988 - SECT 4Aoffensive Language (2017) Austlii.edu.au <https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s4a.html>

SUMMARY OFFENCES ACT 1988 - SECT 4Offensive Conduct (2017) Austlii.edu.au <https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s4.html>

SUMMARY OFFENCES ACT 1988 - SECT 5Obscene Exposure (2017) Austlii.edu.au <https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s5.html>

SUMMARY OFFENCES ACT 1988 - SECT 9Continuation Of Intoxicated And Disorderly Behaviour Following Move On Direction (2016) Austlii.edu.au <https://www.austlii.edu.au/au/legis/nsw/consol_act/soa1988189/s9.html>

Thomas, Brett, Section 10 Of The Crimes (Sentencing Procedure) Act 1999 (NSW Young Lawyers, 1st ed, 2011)

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