Lecture Notes: Understanding Section 4 - Fear or Provocation of Violence

Overview

• Section 4 is concerned with the offence often referred to as "threatening behaviour."
• It involves complex legal language and focuses on intent rather than the result of the behaviour.

Key Components of Section 4

• Two Forms of Offence

  • Paragraph A: Relates to the use of words or behaviour.
  • Paragraph B: Involves the distribution or display of writing, signs, or visible representations.

• Nature of Content

  • Words, behaviour, writing, or signs must be threatening, abusive, or insulting.
  • Definitions are not provided in the Act; it's based on ordinary standards determined by the court.

Important Aspects of the Offence

• Actual effect on a person is not necessary; the focus is on intent.
• Intent Requirement
  • Actions must be directed at a specific individual or group.
  • The victim must be present to witness the behaviour.
  • The intent is crucial, even if no actual threat or insult occurs.

Mens Rea (Mental State)

• The defendant must either:
  • Intend for their actions to be threatening, abusive, or insulting.
  • Be aware that their actions may be threatening, abusive, or insulting.
  • Intoxication does not excuse awareness unless it is due to medication or a 'Mickey Finn'.

Additional Intent Requirement

• Beyond intending the behaviour to be threatening, abusive, or insulting, it must be shown that:
  1. The defendant intended for the victim to believe that immediate unlawful violence would be used.
  2. The defendant intended to provoke the immediate use of unlawful violence.
  3. Alternatively, it was likely that the victim would believe or that violence would be provoked.

Key Takeaways

• Focus on Intent: Section 4 is about the intention behind actions, rather than their outcomes.
• 'Have' as a Trigger: Think of the defendant as intending to provoke a response, akin to saying, "I'm going to have you."

Section 4A Preview

• Section 4A differs from Section 4 as it focuses on the result of actions rather than intent.
• To be discussed further.