Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Level 1/420 George St,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

Facebook


Instagram

Twitter


Linkedin

YouTube

 

Public Nuisance

Potts Lawyers > Criminal Law  > Public Order Offences > Public Nuisance

What the law says

Sections 6 of the Summary Offences Act Queensland states:

  1. A person must not commit a public nuisance offence.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused behaves in
    • (a) a disorderly way; or
    • (b) an offensive way; or
    • (c) a threatening way; or
    • (d) a violent way; and
  2. The person’s behaviour interferes, or is likely to interfere with the peaceful passage through, or enjoyment of, a public place by a member of the public.

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.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Public Nuisance is 10 penalty untis or 6 months imprisonment.

Which court will hear the matter

This matter is a simple offence which means it is dealt with in the Magistrates Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Identification i.e. not the accused.
  2. The behaviour was not disorderly, offensive, threatening or violent.
  3. 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.
  4. The accused was not using offensive, obscene, indecent or abusive language.

Do you need legal help or consultance? Contact us now.

Contact us now

free consultation