Summary Offences Act 1966 Research Paper

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Issue
The issue is about drinking in a car, which is parked in a public place (as defined in The Summary Offences Act 1966). The simple answer is that Doug is criminally liable for drinking in his car, which is parked in the library car-park. As under The Summary Offences Act drinking in a public place is prohibited, with the definition of public place too be found in section 3 of The Summary Offences Act 1966.

Legislation
The Summary Offences act 1966 provides the laws regarding consumption of alcohol in public place’s, public drunkenness and most importantly the definition of “public place” as seen in the eyes of the law. The definition of public place is and open definition, this allows the courts too read into the legislation should such …show more content…

Paragraph 28,055.10.10 of Bourke’s Criminal Law Vic “The general rule is that an offence in a vehicle on a street, whether the vehicle is a public vehicle or not, is an offence in that street.” This definition from Bourke’s Criminal Law Victoria gives a precise and clear information regarding the vehicles in public places. It States that the courts have held repeatedly that a vehicle is public place when parked in a public place.

In sections 13 and 14 of The Summary Offences Act 1966 we find the legislation regarding public intoxication. The legislation states that “any person found drunk in a public place shall be guilty of an offence.” It also states that “any person found drunk and disorderly in a public place shall be guilty of an offence.” …show more content…

Kelly and Bull were found drunk in the front seat of a car that had just been pulled over by police officers Mansfield and Langley. They were considered to be drunk and when they were seen in the magistrates’ court for their hearing the court decided that the car was not public place and thus fell in favour of Kelly and Bull. However when these cases were heard again in the Victorian Supreme Court Justice Newton overturned the idea that “the car was not public place”, instead stating that it was parked in the public place, making it a public place. This case used the precedent which had been set by the McKenzie v Stratton

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