Public Nuisance
Have you been charged with public nuisance? This is a serious offence which not only carries the likelihood of a prison sentence and a large fine, but also the prospect of having a criminal record against your name. The implications of this are huge and it is critical that you understand the consequences of this charge in order to prepare adequately.
What is public nuisance?
A charge for public nuisance may involve a wide range of things. In order for the police to prove that you have committed a public nuisance they must provide evidence that proves beyond reasonable doubt you have:
- behaved in a disorderly manner; or
- behaved in an offensive manner; or
- behaved in a threatening manner; or
- behaved in a violent manner; or
- behaved in a way that ‘interferes, or is likely to interfere with the peaceful passage through, or enjoyment of, a public place by a member of the public’.
This may include; swearing or using obscene or abusive language, threatening someone either verbally or physically, or being loud to the extent that it has or could stop someone else from moving peacefully through or peacefully being in a public place. The threshold for a public nuisance offence is largely subjective and it can cover a very wide range of activities.
What penalties could I face if I have been charged with a public nuisance offence?
The legislation sets out that if you are charged with a public nuisance offence on a licenced premises or in the vicinity of a licenced premises, you may be fined up to $3,047* and sentenced up to six months imprisonment. If you are charged with a public nuisance offence in any other location, the law states that you may be fined up to $1,219* and sentenced up to six months in prison.
How will I know whether I have been charged with a public nuisance offence?
The police will either give you an on-the-spot fine or they will arrest and charge you for a public nuisance offence. If you are issued an on-the-spot fine it is unlikely you will need to go to Court unless you have been told otherwise. However, if you have been arrested and charged by the police you will have a Court date in the local Magistrates Court.
What will happen if I have to go to Court?
If you have to go to Court the Magistrate will determine the penalty to impose depending on the circumstances. He or she will also determine whether or not to record a conviction. This decision will be made based on the evidence available at your sentence. Therefore, it is critical that you are prepared to provide the Magistrate with reasons as to why he or she ought to impose lighter penalties not involving a prison sentence and also not record a conviction.
Will a conviction be recorded?
A conviction for public nuisance will go on your criminal record unless you can provide the Magistrate with reasons as to why he or she shouldn’t record a conviction. Therefore, it can be hugely detrimental to your future as a criminal conviction has an enormous impact on future jobs and overseas travel.
Our experienced team at GC Crime Lawyers understands the huge impact this can have on your future and the importance of receiving not only the lowest sentence possible and avoiding any prison time, but also the significance of having no conviction recorded. If you have been charged with public nuisance, call us on 1300 127 463 to discuss your situation with an experienced lawyer today.