What is Public Nuisance
A person can be charged with a ‘public nuisance’ offence if he or she behaves in a manner while in public which is:
- Offensive;
- Disorderly; Violent; or
- Threatening
A person can also commit a public nuisance offence if he or she interferes with the peaceful passage through, or enjoyment of, a public place by a member of the public.
The type of behaviour that might constitute a public nuisance offence is very wide, such as using language that is threatening, obscene or offensive. Public nuisance offences are very common and are often committed by people who are drunk while in public.
It is not necessary for a person to make a complaint to the police before the police can charge a person with public nuisance. This means that the police can charge you with public nuisance even if no one actually reported the offence to the police. This usually occurs when the police actually witness a person committing a public nuisance offence.
As criminal lawyers, we are often frustrated by how easy it is for a police officer to charge a person with public nuisance, particularly as many people will choose just to plead guilty rather than go through the time and effort necessary to defend themselves. Therefore, we always help our clients to explore all their options before they plead guilty in court. For example, we will check whether the behaviour occurred in a public place or whether there were in fact any members of the public affected by the behaviour. We will also see whether there are any other options available which might help you avoid the charge going to court altogether.
Proceedings for a public nuisance offence will be heard in a Magistrates Court and it is strongly recommend that you hire an experienced public nuisance lawyer to appear with you.
Public Nuisance Penalties
The penalty that applies for a public nuisance depends on several factors. For example, the penalty for a public nuisance offence is much higher if the offence took place within licensed premises or in the vicinity of licensed premises. In the most serious cases, the penalty could be as severe as 6 months imprisonment.
Brisbane Public Nuisance Lawyers
The impact of a public nuisance conviction can have a serious impact on many people. Criminal convictions can lead to the loss of a person’s employment or their inability to travel overseas. As Brisbane’s leading public nuisance lawyers, we can help you to have no conviction recorded on your criminal history. We will also fight hard to make sure that you get the least penalty possible.
You may also have a defence available that can be used to avoid you being convicted of this offence, whether at a trial or by us negotiating the charge with the police prosecutors.
Contact Us now to get expert advice and representation from Brisbane’s criminal lawyers, Harper Finch Lawyers.