Offensive Conduct
Public Disorder Offences
The offence of Offensive Conduct is found in section 4 of the Summary Offences Act 1988 (NSW) which deems a person guilty if they conduct himself or herself in an offensive manner near, or within hearing from, a public place or a school.
What Is Offensive Conduct in NSW?
Offensive conduct, also known as offensive behavior, refers to behaving in a manner that could reasonably offend others in a public place or near a school. It’s crucial to understand that this offense is contextual, meaning it’s evaluated on a case-by-case basis by the court, taking into account the specific circumstances involved.
It’s important to note that offensive conduct is deemed more serious than simply using offensive language. While offensive language may not always lead to an offensive conduct charge, engaging in behavior that is offensive in nature can constitute an offense under the law.
While the term “offensive conduct” may be likened to behavior that is displeasing, annoying, or insulting, none of these descriptors precisely capture its meaning. “Offensive” carries its own significance, and the test applied to determine whether conduct qualifies as offensive revolves around whether a reasonable person would find it offensive.
In the realm of criminal law, it’s crucial to understand that offensive conduct surpasses mere displeasure or insult to constitute a criminal offense. The context in which the conduct occurs plays a pivotal role, as the same behavior may be deemed offensive in one situation but not in another.
For the prosecution to secure a conviction for this offense, they must demonstrate that you intended to cause offense through your conduct. However, intent can be inferred from your behavior and the surrounding circumstances.
You could be charged with Offensive Conduct if you:
- You engage in anti-social behaviour in a public place
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- You were in, near, or within view of a public place
- You engaged in offensive conduct.
What are the maximum penalties for this offence?
The maximum penalties for Offensive Language in NSW is:
- Three months imprisonment; or
- Fine of $660.00.
What is a public place?
A “public place” is legally defined under section 3 of the Summary Offences Act. It encompasses any area or section of premises that is accessible to the public, regardless of whether a fee is required for entry. This definition applies irrespective of whether the place is typically open to the public or used by them, and it includes instances where the public may consist of a limited group of individuals. However, it’s important to note that a public place does not encompass a school. This definition is intentionally broad and may include areas that would typically be considered private premises.
What Are The Defences?
According to section 4(3) of the Summary Offences Act 1988, if you can present evidence to the Court supporting a reasonable excuse for conduct that might otherwise be considered offensive, you may avoid being found guilty of an offence.
In many instances, charges can be contested based on various factors, such as disputing the occurrence of the alleged conduct, challenging whether the conduct genuinely met the legal definition of offensive, or asserting that the conduct did not take place in or near a school or public place.
It’s noteworthy that offensive conduct cases seldom lead to imprisonment. Typically, penalties involve fines and/or good behaviour bonds. Nonetheless, a conviction for offensive conduct or behaviour could adversely affect your career and travel opportunities. With the assistance of our experienced criminal lawyers, you may have the chance to either successfully defend against the charge entirely or secure a lenient penalty without a conviction.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.
Have you found yourself charged with Offensive Conduct?
This can be a challenging legal situation to navigate. However, you don’t have to face it alone. Our dedicated team at Barsha Defence Lawyers specializes in defending individuals against a wide range of criminal charges, including Offensive Conduct.
With years of experience and a deep understanding of criminal law, our team is ready to advocate for your rights and provide you with the guidance you need during this difficult time. We offer a free initial consultation where we can discuss your case in detail, explore your legal options, and chart a path forward.
Don’t let an Offensive Conduct charge derail your life. Contact us today to schedule your free consultation and take the first step toward protecting your future.