Caught being a nuisance?
A public nuisance offence is defined in s 6 of the Summary Offences Act Queensland which states that a person must not commit a public nuisance offence.
What public nuisance offences can I be charged with?
In Queensland, public nuisance offences are when a person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and a person behaves in a threatening way if the person uses threatening language.
What are the penalties I could face?
You can be charged with a fine or even a term of imprisonment. The maximum penalty for a public nuisance offence is 10 penalty units or 6 months imprisonment.
In order to be charged with a public nuisance offence and consequently receive a penalty, the prosecution must prove beyond a reasonable doubt that the accused behaved in a disorderly way or offensive way or threatening way or violent way; and the person’s behaviour interfered, or was likely to interfere with the peaceful passage through, or enjoyment of, a public place by a member of the public.
Are there any defences for this offence?
You can Some possible defences for this offence may include:
identification i.e., not the accused;
the behaviour was not disorderly, offensive, threatening or violent;
the accused’s behaviour did not or was not likely to interfere with the peaceful passage through or enjoyment of, a public place by a member of the public; and
the accused was not using offensive, obscene, indecent or abusive language.
It is definitely worthwhile seeking sound advice and representation regarding a public nuisance offence because even though this offence may not be as serious as others, there is always the likelihood of having a criminal conviction recorded against your name. Our team at GC Crime Lawyers understands that everyone makes mistakes, and we will work to get you the best outcome possible. Contact us today on 1300 127 463 to discuss your circumstances with an experienced lawyer today.