What to do if Charged with Nuisance in NSW
While public nuisance charges may seem minor at first, they can have significant legal ramifications if found guilty.
1. Remain calm and cooperative when interacting with authorities.
2.Preserve evidence of the incident, such as time, location, and witnesses.
3. Contact an experienced criminal lawyer promptly.
If you’ve found yourself facing an alleged public or private nuisance charge, contact Michael McMillan today on (07) 5619 6860 or 0409 273 430 for legal advice and representation.
Penalties & Remedies for Nuisance Offences
Public Nuisance
Penalties for public nuisance vary depending on the severity and location of the offence:
- Criminal Penalties – Fines, community service, or imprisonment for serious cases.
- Civil Remedies: Injunctions to stop the behaviour or compensation for damages.
Private Nuisance
Remedies for private nuisance focus on resolving disputes and compensating the affected party:
- Injunctions – Court orders to cease the nuisance behaviour.
- Damages – Compensation for loss or harm caused by the interference.
What Is Nuisance in NSW?
This is possibly the most commonly encountered offence seen by a criminal defence lawyer. Perhaps the reason for this is that a wide range of circumstances can give rise to the offence, and those circumstances are often associated with significant alcohol consumption.
A quick look at Section 6 of the Summary Offences Act 1988 (NSW) reveals that one of the behaviours commonly associated with nuisance is offensive conduct, which includes actions that are obscene, indecent, or abusive in or near a public place or school.
Public Nuisance
Public nuisance refers to behaviours that unreasonably and substantially interfere with the public’s right to use and enjoy shared spaces.
It is both a civil and criminal matter in NSW, with criminal public nuisance cases often dealt with under common law or statutory provisions.
Key elements include:
1. Substantial Interference: The behaviour must significantly disrupt the public’s enjoyment of a space.
2. Unreasonableness: The disruption must exceed what an ordinary person would tolerate.
Private Nuisance
Private nuisance occurs when someone’s actions interfere with another individual’s use and enjoyment of their private property.
Unlike public nuisance, private nuisance is strictly a civil matter and focuses on specific property-related disputes.
Key elements include:
1. Interference with Property – The conduct must hinder the claimant’s use of their land.
2. Unreasonableness – The interference must be substantial and beyond ordinary tolerance levels.
3. Fault – The person causing the nuisance must have acted negligently, recklessly, or intentionally.
Examples of Nuisance
In saying that, Public & Private Nuisance offences cover a wide range of behaviours. Here are some of the more common examples:
Public Nuisance
1. Disorderly or Offensive Conduct
Disorderly or offensive behaviour involves actions that disrupt public peace and order. These may include:
- Public Intoxication: Causing a scene while visibly drunk, such as shouting, stumbling, or engaging in unruly behaviour in public places like parks or streets.
- Obscene Language: Using profanities or abusive language directed at individuals or in a way that causes discomfort to bystanders, especially in family-friendly areas.
- Excessive Noise: Playing loud music in public spaces late at night or during quiet hours, disrupting nearby residents or other users of the space.
2. Threatening or Violent Behaviour
Threatening or violent conduct includes acts that endanger public safety or property:
- Damaging Public Property: Vandalising park benches, defacing walls with graffiti, or smashing public lighting fixtures.
- Explicit Threats: Verbally threatening harm to individuals or groups, such as during an argument in a crowded area.
- Intimidation: Engaging in actions that make others feel unsafe, such as aggressive shouting, following someone, or blocking their path.
3. Environmental Nuisance
Environmental public nuisances can significantly affect the community:
- Illegal Dumping: Leaving large quantities of waste, including hazardous materials, in public parks, streets, or waterways.
- Pollution: Releasing pollutants, such as smoke from burning waste, into areas frequented by the public, impacting air quality and health.
4. Public Obstruction
Public obstruction refers to behaviour that prevents others from freely accessing shared spaces.
- Blocking Pathways: Sitting or lying down on footpaths, particularly in busy urban areas, creating hazards or forcing pedestrians to step onto the road.
- Unapproved Protests: Holding a demonstration without proper permits, disrupting traffic flow or public access to key areas like city squares or transportation hubs.
Private Nuisance
1. Noise Complaints
Noise complaints arise from prolonged or excessively loud sounds affecting neighbouring properties:
- Industrial Noise: Constant machinery or operational noise from factories, especially outside normal working hours, disrupting nearby residential areas.
- Loud Music: Hosting frequent parties or playing amplified music late at night, disturbing neighbours’ ability to rest or enjoy their homes.
2. Environmental Issues
Environmental private nuisances interfere with the enjoyment of property through various sensory disruptions:
- Smoke: Emissions from backyard burning of rubbish or chimneys that blow into neighbouring properties.
- Light Pollution: Bright outdoor lighting, such as floodlights, shining directly into a neighbour’s home or garden.
- Oppressive Smells: Persistent odours from compost heaps, livestock, or industrial processes wafting into nearby residences.
3. Property Encroachments
Encroachments occur when one property owner’s actions physically impact another’s property:
- Overhanging Branches: Trees extending into a neighbour’s yard, causing damage or risk of falling debris.
- Poorly Maintained Trees: Trees at risk of collapsing due to neglect, posing a danger to neighbouring structures or gardens.
- Water Runoff: Poor drainage systems leading to water flowing onto adjacent properties, causing erosion, flooding, or property damage.
Legal Defences to Nuisance Charges
Defences to Public Nuisance
1. Reasonableness
Argue that the behaviour was reasonable given the specific circumstances and community standards.
2. Lack of Interference
Demonstrate that the conduct did not substantially interfere with the public’s peaceful use and enjoyment of a space.
3. Misidentification
Prove that the accused was not the person responsible for the alleged nuisance.
Defences to Private Nuisance
1. Ordinary Use of Land
Show that the actions were a reasonable and typical use of the property, aligning with the norms of the area.
2. No Substantial Interference
Establish that the disruption caused was minor and fell within the expected tolerance levels for the locality.
3. Consent or Assumption of Risk
Highlight that the affected party either consented to the activity or knowingly accepted the risk of the interference.
How McMillan Criminal Law Can Help
At McMillan Criminal Law, we have years of experience defending public nuisance charges and resolving private nuisance disputes.
Michael McMillan and his team has extensive experience navigating NSW laws, ensuring the best outcomes for our clients.
Whether you’re facing criminal penalties or a civil claim, we provide tailored advice and representation.
Contact Michael McMillan today on (07) 5619 6860 or 0409 273 430 for legal advice and representation.