Have You Been Charged with Public Nuisance?
Public nuisance is one of the most commonly encountered offences in both Queensland (QLD) and New South Wales (NSW).
A wide range of circumstances can give rise to this offence, and it is often associated with incidents involving alcohol consumption.
Despite its seemingly minor nature, a public nuisance charge can have lasting consequences, including the potential for a recorded conviction that may impact future career or education aspirations.
If you are facing charges of public nuisance, it is crucial to seek expert legal advice due to the serious nature of this legal matter.
Do not hesitate to contact Michael McMillan on (07) 5619 6860 or 0409 273 430 for legal advice & representation in court.
What Might Constitute a Public Nuisance?
Public nuisance is defined in both QLD and NSW laws to include conduct that disrupts public order or the peaceful enjoyment of shared spaces.
While there are statutory and common law differences between the two jurisdictions, some behaviours are universally regarded as public nuisance.
In Queensland Law
Section 6 of the Summary Offences Act 2005 (QLD) identifies public nuisance offences as behaviours that are disorderly, offensive, threatening, or violent and interfere—or are likely to interfere—with the peaceful enjoyment of a public place.
One of the broad categories is disorderly conduct, defined in Coleman v Power [2004] HCA 39 as behaviour likely to cause a disturbance, or annoy or insult others sufficiently to warrant criminal law intervention.
However, determining what qualifies as “disorderly conduct” often depends on subjective interpretations of what is likely to offend or annoy others.
In New South Wales
Public nuisance-related behaviour falls under the Summary Offences Act 1988 (NSW), particularly Section 6, which deals with offensive language and conduct.
While “public nuisance” as a term is not specifically used, offences such as offensive conduct and obstructive behaviour capture similar circumstances.
Offensive conduct, as per Section 6(2), includes actions deemed obscene, indecent, or abusive in a public place, with an emphasis on whether the behaviour unreasonably affects others.
Penalties for Public Nuisance
The penalties for public nuisance offences vary between Queensland and New South Wales but can include fines, imprisonment, or other consequences depending on the severity of the offence.
Queensland (QLD)
- Standard Penalty: Up to 10 penalty units (~$1,334.50) or 6 months imprisonment.
- Licensed Premises: Up to 25 penalty units (~$3,336.25) or 6 months imprisonment.
- Minor Offences: On-the-spot fines may be issued, avoiding court appearances or a conviction.
New South Wales (NSW)
- Offensive Conduct: Fine up to $660 or up to 3 months imprisonment.
- Offensive Language: Fine up to $660.
- Minor Offences: Police may issue penalty notices to resolve cases without a court appearance.
For both states, repeat offences or incidents involving aggravating factors, such as occurring near sensitive areas, may attract harsher penalties.
Challenges of a Public Nuisance Charge
One of the major issues with public nuisance offences is the wide interpretation of what constitutes disorderly, offensive, or disruptive conduct.
What one person finds deeply insulting or annoying might not bother another, leading to disputes over whether an offence has occurred.
The Impact of Alcohol
Alcohol-related incidents are a common factor in public nuisance charges.
Behaviour influenced by intoxication can often cross the line into disorderly or offensive conduct, increasing the likelihood of charges being laid.
For example:
- In QLD, shouting obscenities at a busy park could lead to a public nuisance charge under the Summary Offences Act.
- In NSW, similar behaviour near a school or public space might result in charges for offensive conduct.
What if you are Convicted?
A public nuisance conviction can have serious implications for your future.
A review by the Crime and Misconduct Commission in QLD revealed that over half of public nuisance offenders ended up with a recorded conviction. This can affect:
- Employment opportunities.
- Professional accreditation.
- Travel and visa applications.
In NSW, the consequences of a conviction are similarly severe, particularly for individuals seeking careers in regulated industries or public-facing roles.
Seek Legal Representation from a Criminal Lawyer
At McMillan Criminal Law, we specialise in defending clients against public nuisance charges in both QLD and NSW.
Our experienced legal team understands the nuances of these cases and is committed to achieving the best possible outcome for you.
Contact Michael McMillan – Your Expert Criminal Defence Lawyer
If you require any assistance at all, please do not hesitate to contact Michael on (07) 5619 6860 or 0409 273 430.