Offensive Conduct

If you have conducted yourself in an offensive manner in or near a public place or school then you may be charged with offensive conduct. An example of this is urinating in a public place.
Section 4 of the Summary Offences Act 1988 states that a person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.
In order to be found guilty of Offensive Conduct the prosecution must prove beyond reasonable doubt that you:

• Conducted yourself in an offensive manner
• In, near, or within view of a public place or school

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.
If you disagree with the Offensive Conduct charge, then it is best you enter a plea of not guilty. Defences that can be used are reasonable excuses for conducting in the manner that you did or disputing that you were not the person alleged. If the court is satisfied with your explanation, then it can be used as a defence to the offence.
The burden of proof is on the prosecution to prove beyond a reasonable doubt that you were in or near or within view from a public place or school and you conducted yourself in an offensive manner. If the prosecution fail to prove these elements then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge Offensive Conduct, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.
It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself.
It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.
Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The penalty for Offensive Conduct carries a maximum penalty of $660.00 and/or 3 months imprisonment and is dealt with at the Local Court.
If you are facing charges of Offensive Conduct call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge.

Pleading Not Guilty

If you disagree with the Offensive Conduct charge, then it is best you enter a plea of not guilty. Defences that can be used are reasonable excuses for conducting in the manner that you did or disputing that you were not the person alleged. If the court is satisfied with your explanation, then it can be used as a defence to the offence.
The burden of proof is on the prosecution to prove beyond a reasonable doubt that you were in or near or within view from a public place or school and you conducted yourself in an offensive manner. If the prosecution fail to prove these elements then you will be found not guilty.

Offensive Language

If you have used offensive language and or within hearing from a school or public place you may be charged with Offensive Language. An example of this is if you are swearing in an argument that has taken place in or in front of a public school.
Section 4A of the Summary Offenses Act 1988 states that a person must not use offensive language in or near, or within hearing from, a public place or a school.

In order to be found guilty of Offensive Language the prosecution must prove beyond reasonable doubt that you:

• Used offensive language
• Were in, near, or within view of a public place or school

If any of these elements cannot be proven beyond reasonable doubt then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the charge Offensive Language, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence. It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself. It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.
Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.

The penalty for Offensive Language is a fine of $660, and is dealt with at the Local Court.
If you are facing charges of Offensive Language call and speak to one of our experienced lawyers today to best advise you on how to deal with the charge.

Pleading Not Guilty

If you disagree with the Offensive Language charge, then it is best you enter a plea of not guilty. Defences that can be used are reasonable excuses for conducting in the manner that you did or disputing that you were not the person alleged. If the court is satisfied with your explanation, then it may be used as a defence to the offence.
The burden of proof is on the prosecution to prove beyond a reasonable doubt that you were in or near or within view from a public place or school and you used offensive language. If the prosecution fail to prove these elements then you will be found not guilty.