(1) A person must not commit a public nuisance offence. Maximum penalty:
(a) if the person commits a public nuisance offence within licensed premises, or in the vicinity of licensed premises—25 penalty units or 6 months imprisonment; or
(b) otherwise—10 penalty units or 6 months imprisonment.
A person commits a public nuisance offence if they behave in a way which is disorderly, offensive, threatening or violent. Your behaviour may be classified as ‘offensive’ if you use indecent, obscene or abusive language. You can also be charged with this offence if your behaviour interferes with another person’s peaceful enjoyment of a public place.
The penalty for this charge increases if the offence is committed in licensed premises or in the vicinity of licenced premises. While the term of imprisonment is still 6 months, the fine increases to $3,153. Public Nuisance charges are usually dealt with in the Magistrates Court, or can be referred to justice mediation for an alternative dispute resolution.
In Queensland, if a person is convicted of a Public Nuisance offence, then the court could impose one of the following penalties:
The actual penalty will depend on the circumstances of the matter including the seriousness of the public nuisance offence and the individual circumstances and background of the Defendant.
Yes. The facts of your public nuisance case will determine which defences will be available for you. The following defences may be available to you:
You have the right to remain silent. You DO have to provide the police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.
If you are charged with a public nuisance offence, it is very important that you seek immediate legal advice. Our team of public nuisance lawyers at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
Download our free eBook to learn some fundamentals about how the system works and what to expect.
Select your desired option below to share a direct link to this page.
Your friends or family will thank you later.