Disorderly under Brooker V Police
What are the Judgements set out in Brooker V Police by Elias CJ?
Section 4(1)(a) exists for the preservation of public order, not to protect the private or personal sensitivities of a person alone. Whether behaviour is orderly is not to be tested against the sensibilites or subjective reaction of those whom the behaviour is directed to, or who are present to see and hear it, there must be an objective tendency to disrupt public order.
The conduct complained of must cause more than mental upset, it must cause "an overty manifested disturbance which constitutes an interference with the ordinary and customary use of the public of the place in question.
Behaviour which intimidates, victimises or bullies is disruptive of public order as it is likely to objectively alarm or be seen as objectively threatening by those present - causing them to withdraw or avoid the area. This exhibits behaviour that inhibits normal public use of the area.
What is the judgement set out by Blanchard J in Brooker V Police?
Behaviour in or within view of a public place which substantially disturbs the normal functioning of life constitutes disorderly behaviour.
What is the judgement set out by Tipping J in Brooker V Police?
When deciding whether behaviour is disorderly one must consider the time, place and circumstance and whether it causes disturbance at a level beyond what an ordinary citizen is expected to bear.
What does the Section 4(1)(a) and 4(1)(b) of the Summary Offences Act 1981 entail?
Every person is liable to a fine not exceeding $1,000 who - in or within view of any public place, behaves in an offensive or disorderly manner; or
4(1)(b) - in any public place addresses any words to any person intending to threaten alarm, insult, or offend that person
How does North P in Brooker V Police define a public place?
A public place is "a place which is open to, an commonly used by the public."