Nanny state now targeting private businesses



Section 5

Whether behaviour can be properly categorised as disorderly is a question of fact. Disorderly behaviour does not require any element of violence, actual or threatened; and it includes conduct that is not necessarily threatening, abusive or insulting. It is not necessary to prove any feeling of insecurity, in an apprehensive sense, on the part of a member of the public (Chambers and Edwards v DPP [1995] Crim LR 896). The following types of conduct are examples, which may at least be capable of amounting to disorderly behaviour:
  • causing a disturbance in a residential area or common part of a block of flats;
  • persistently shouting abuse or obscenities at passers-by;
  • pestering people waiting to catch public transport or otherwise waiting in a queue;
  • rowdy behaviour in a street late at night which might alarm residents or passers-by, especially those who may be vulnerable, such as the elderly or members of an ethnic minority group;
  • causing a disturbance in a shopping precinct or other area to which the public have access or might otherwise gather;
  • bullying.

Comments

  1. George PatsourakosSeptember 25, 2011 at 9:22 PM

    I would like to add another important kind of behavior that can lead to one's arrest: Yelling "fire" in a packed theater when there is in fact no fire.

    ReplyDelete
  2. Elias Ashley DavisSeptember 26, 2011 at 12:04 AM

    Oh boy. Oh boy oh boy oh boy. What exactly does it mean when somebody is 'offended'? What kind of hurt is perpetrated upon them? I can imagine the situation described in the video... somebody in the cafe glances up and sees the Bible verses on the screen, and then 'gets offended'. That's the gist of this, right? That the cafe owner isn't allowed to put Bible verses on his TV in his cafe, because a customer might be offended? And how that's kind of messed up? What kind of damage did the 'offense' cause? I don't understand this at all. People mainly get offended by all kinds of things which were never meant to cause offense in the first place. What is it with people and getting offended? Are our egos all so fragile that we can't experience another persons different opinions or beliefs without being somehow damaged by the experience? I just don't get it. Maybe I'm missing something.

    ReplyDelete

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