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A public order offence occurs when a person acts inappropriately or in a rowdy manner in a public place. Public order offences exist to protect the safety of the public. A public place refers to a place or premises that are for public use, regardless of whether money is required or not. The definition is broad and can encompass parks, bars, shopping centres and many other places. However, a school is not included in the definition of a public place.

Offensive Language

It is an offence to use offensive language in or near, or within hearing from a public place or school. The maximum penalty for this offence is a fine of $660 as it on the lower end of seriousness. The matter will be heard in the Local Court.

For the offence to be made out, the police must prove that the defendant used offensive language in or near, or within hearing from a public place or school.

Violent Disorder

It is an offence if three (3) or more persons together use or threaten to use unlawful violence. The conduct must be such that a person of reasonable firmness present at the scene would fear for his or her life. The maximum penalty for the offence is $1,100 or imprisonment for six (6) months.

For the offence to be committed, the violence used must be violent conduct that may include:

  • Violent conduct towards property as well as/or violent conduct towards another person; and
  • Violent conduct is not restricted to conduct that causes or intends to cause injury or damage, it can also be careless conduct.

The matter will be heard at the Local Court and this is an offence that is considered to be serious.

Aggravating factors of the offence which may result in a higher penalty include:

  • The disorder was committed by a large group;
  • Eventful public place;
  • Presence of vulnerable victims;
  • Use of weapons; and
  • Significant damage and/or injury were caused.

Obscene Exposure

Another serious public order offence is obscene exposure. The offence will be committed where a person wilfully and indecently exposes him or herself. There must be an intention on the part of the offender to expose him or herself in a manner that is obscene within the view of a public place or school. The maximum penalty for obscene exposure is $1,100 or imprisonment for six (6) months.

The matter will be heard in the Local Court.

If you have been charged with a public order offence, speak to one of our specialist Criminal Lawyers. Our Criminal Lawyers have extensive experience in public order offences and have provided legal advice on these offences as well as appeared in Court and represented defendants charged with these offences.  Our criminal lawyers will assess your individual case to provide you with appropriate advice on available defences and likely penalties. Contact our firm to book a consultation today. Call us on (02) 9233 4048 or send an email to info@navado.com.au.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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