Offensive conduct can capsulates are large range of conduct. It is a summary offence dealt with in the Local Court.
Offensive Conduct is contained in section 4 of the Summary Offenses Act 1988 (NSW) which states:
“A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.”
However, a person does not conduct himself or herself in an offensive manner merely by using offensive language.
Also the law says that ‘It is a sufficient defence to a prosecution for an offence of offensive conduct if the defendant satisfies the Court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged.
The nature and elements of the offence of offensive conduct were considered In Worcester v Smith  VLR 316 at 318 wherein O’Bryan J held that “offensive” meant “…such as is calculated to wound the feelings, arouse anger or resentment or disgust in the mind of a reasonable person…”
As for reasonable excuse in Karpik v Zisis (1979) 5 Petty Sessions Review 2055, 2056 it was found that ”a reasonable excuse for profanity in a public place would be as part of ‘a reflex action...[such as following] a heavy implement falling on one’s foot”. This was confirmed in Conners v Craigie (1994) 76 A Crim R 502 where it was qualified by saying that the offensive behaviour must have been an immediate reaction to something, not a reaction to something which happened long ago.
Offensive Conduct can be punished with a prison sentence of up to 3 months or a fine of $660.
Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
In NSW, a Court can impose any of the following penalties for Offensive conduct:
Since Offensive Conduct is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove beyond reasonable doubt being that:
Some of the possible defences available can include:
For Offensive Conduct Rep-Revive Criminal Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
There are several reasons to engage Rep-Revive Criminal Lawyers®:
At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years.
If you are caught up in this charge our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.