Offensive Language
Public disorder offences
The offence of Offensive Language is found in section 4A of the Summary Offences Act 1988 (NSW) which deems a person guilty if they use offensive language in or near, or within hearing from, a public place or a school.
What Does Offensive Langauge Mean In NSW?
Charges for offensive language hinge on factors like the location, audience, and nature of the language used. Because of its contextual nature, it’s essential to seek legal advice if you’re facing such charges.
At Barsha Defence Lawyers, we specialize in defending clients against charges of offensive language. Our experienced team will thoroughly review your case and provide expert representation to protect your rights and interests.
The charge of using offensive language hinges on the specific context in which the language was used. What may constitute offensive language can vary greatly depending on the circumstances, and it’s crucial for the court to consider this aspect thoroughly.
To be convicted of this offence, the prosecution must demonstrate that you intended to cause offense with the language used. However, intent can be inferred from the language itself and the surrounding circumstances. If you cannot reasonably justify that the language used wasn’t offensive, you may be found guilty of the offence.
According to section 4A(2) of the Summary Offences Act 1988, if you can provide a reasonable excuse for the language used, you may not be deemed guilty of the offence.
Instances of offensive language charges often arise from verbal altercations, especially those involving law enforcement officers. Such charges may precede more serious offences like “resisting arrest”. Whether police should exercise their discretion in charging someone with offensive language can often be a point of contention, leading to arguments between individuals and law enforcement.
Ultimately, the crux of these cases revolves around whether the language used can be deemed offensive, considering the specific circumstances at hand. If you’re facing charges related to offensive language, seeking legal guidance is essential to navigate the complexities of such cases effectively.
You could be charged with Offensive Language if you:
- Use offensive language in proximity to a school
- Use offensive language 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 used offensive language.
What are the maximum penalties for this offence?
The maximum penalties for Offensive Language in NSW is:
- Fine of $660.00; or
- 100 hours of community service work.
What qualifies as ‘Offensive Language’ according to Law?
Determining what qualifies as “offensive” language can be subjective and context-dependent. While legislation doesn’t explicitly define the term, courts have provided guidance on its interpretation. In the case of Worcester v Smith [1951], the court defined “offensive” as language that is likely to hurt feelings, provoke anger, resentment, or disgust in a reasonable person.
This definition has been consistently upheld in subsequent cases, such as Ball v McIntyre (1966), where the court expanded on it to include conduct that breaches standards of good taste or manners, violates rules of courtesy, or contradicts commonly accepted social norms. Moreover, community standards play a role, as what was deemed offensive in the past may not hold true today.
Courts require more than mere upset or affront to constitute an offense worthy of criminal sanction. In situations where individuals are charged with offensive language, particularly in confrontations with law enforcement, skilled legal representation can often challenge the charges successfully. This defense may rely on demonstrating that the language used did not meet the threshold of being genuinely offensive, especially if it was directed solely at police officers in the performance of their duties.
What is a public place?
What Defences are available to me?
As per section 4A(2) of the Summary Offences Act 1988, if you can demonstrate to the Court that you had a reasonable excuse for conduct deemed offensive, which would otherwise constitute an offence, you can be acquitted of the charge.
In various circumstances, a charge can be contested on grounds such as the alleged use of language not occurring, the language not meeting the threshold of being “offensive” according to legal standards, or the words not being uttered in proximity to a school or public space.
While an offensive language charge doesn’t typically carry a prison sentence, a conviction can still have serious implications. Seeking competent legal counsel when facing such charges is crucial to assess the prospects of defending the case successfully in court.
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 recently been charged with Offensive Language and don’t know where to turn?
Look no further. Our experienced team at Barsha Defence Lawyers is here to help. With our extensive knowledge and track record in criminal defence, we’ll work tirelessly to protect your rights and achieve the best possible outcome for your case.
Facing legal charges can be overwhelming, but you don’t have to navigate this challenging time alone. Our dedicated team is committed to providing you with expert legal guidance and representation every step of the way.
Don’t let an offensive language charge derail your future. Contact us today to schedule your first free consultation. Let us put our expertise to work for you and help you move forward with confidence.