Sound familiar, you work in a public place sunshine, anyone, including the filth, has a common law right to enter your place of business.``Public place'' means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward:
Winding up drongos, foil hat wearers and over sensitive KBers for over 14,000 posts...........![]()
" Life is not a rehearsal, it's as happy or miserable as you want to make it"
I think the test though is not whether someone COULD find it offensive. There are people who can find almost anything offensive. Some very religious types (Christian or muslim) might find a chick in a bikini offensive. Quite a few people found the boobs on bikes display of tits offensive.
Its whether, (a) in all the circumstances, the average reasonable person would find it offensive AND (b) did anyone who saw it find it offensive. So there has to be someone who actually WAS offended, and the someone has to be more that a hypersensitive prude.
Which test it seems unlikely the instance exemplified would meet
Originally Posted by skidmark
Originally Posted by Phil Vincent
Did you actually bother to do any research at all before spouting off about case law?
Case law has only stated that in a one on one situation with no-one else present its not 'offensive behaviour' to swear at or pull the fingers at a cop. However you can be arrested and are likely to be convicted of offensive behaviour for pulling the fingers or swearing at cops in a public situation where other people are present and likely to be offended by it. Its all about time, place and circumstance.
Go do some reading.
Winding up drongos, foil hat wearers and over sensitive KBers for over 14,000 posts...........![]()
" Life is not a rehearsal, it's as happy or miserable as you want to make it"
I take it then that you would arrest anyone that was swearing or using obscene gestures in public? No matter who they were directed at? Because it would obviously be invidious to have one law for police and another for everyone else.
And as swearing and obscene gestures are hardly rare, I presume that you, and all your collegues have made many such arrests ?
I await with interest the response of the police the next time boi-racer flips me the bird and I report him and ask for him to be arrested.
Originally Posted by skidmark
Originally Posted by Phil Vincent
does anyone else think it is great we live in a country that still reports on incidents such as this? Rather than all that news space taken up by murders shootings and the like? Imagine this story in the states, any european country, the UK. People would say its a slow news day.
The real mystery is how come that fat bastard Hurley has never lost any weight.
It depends on the time, place and circumstance and the type of behaviour as to whether an arrest is warranted, if its just minor and only pissing a few people off you would usually just tell them to pull their heads in.
If you think that cops only arrest people for offensive/disorderly behaviour if its directed at them then you couldn't be more wrong. If you don't believe me go down to the courts on a Monday morning and you will see that most arrests for those charges involve angry drunks on a fri/sat night who are being aggresive, abusive and trying to pick fights with other people who are just out for a good time.
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