What to do if Charged with Public Nuisance in QLD
Public nuisance is a fairly common but often misunderstood offence under Queensland law.
While public nuisance charges may seem minor at first, they can have significant legal ramifications if found guilty.
1. Remain Calm and Cooperative – Avoid escalating the situation and carefully follow instructions provided by police. It’s generally advisable not to talk to the police without first consulting a lawyer.
2. Preserve Evidence – Note the location, time, and witnesses present. If possible, document any factors that may have contributed to your behaviour.
3. Seek Legal Advice – Contacting an experienced criminal lawyer early is critical.
If you’ve found yourself facing an alleged public nuisance charge, contact Michael McMillan today on (07) 5619 6860 or 0409 273 430 for legal advice and representation.
Penalties for Public Nuisance in QLD
Governed by Section 6 of the Summary Offences Act 2005, it applies to behaviour in public places that disrupts others’ peaceful use and enjoyment.
The penalties for public nuisance vary depending on the severity of the behaviour and its location:
Standard penalties – Up to 10 penalty units (approximately $1,334.50) or 6 months imprisonment.
Licensed premises – The maximum penalty increases to 25 penalty units (approximately $3,336.25) or 6 months imprisonment.
Fines are often issued as infringement notices, particularly for first offences. Paying these fines avoids court appearances and criminal records.
Repeat offences or serious incidents may result in more severe penalties, including community service, probation, or imprisonment.
What Is Public Nuisance?
Public nuisance refers to behaviour that is disorderly, offensive, threatening, or violent and interferes—or is likely to interfere—with the peaceful enjoyment of a public place.
For instance, shouting profanities in a park, threatening others on the street, or engaging in violent conduct could all be considered public nuisance offences.
The key elements of this offence include:
1. Behaviour type: Disorderly, offensive, threatening, or violent actions.
2. Impact: Actual or potential disruption to the public’s peaceful use of a space.
Notably, someone doesn’t need to have directly complained or been impacted for you to be charged; the behaviour only needs to be likely to interfere with public enjoyment.
A Criminal Lawyer’s Perspective
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 2005 reveals that just one of the vague types of conduct falling into the category of public nuisance is called “disorderly conduct”.
Now, according to the case of Coleman v Power [2004] HCA 39 “disorderly conduct” means behaviour which is likely to cause a disturbance, or annoy, or insult others sufficiently deeply or seriously to warrant the interference of the criminal law.
Examples of Public Nuisance
In saying that, Public nuisance offences cover a wide range of behaviours.
Here are some common examples:
1. Disorderly Behaviour
Conduct must be sufficiently ill-mannered or offensive to warrant criminal law intervention.
For example, creating a loud commotion at a public event could meet this threshold if it significantly disrupts others.
Case Example: In Queensland Police Service v McKenzie [2020], a person speaking loudly and aggressively in a bank was deemed not disorderly as it did not sufficiently disrupt others.
2. Offensive Behaviour
This includes using obscene, abusive, or indecent language that would provoke anger, disgust, or outrage in a reasonable person. The assessment is objective, focusing on whether the behaviour meets these criteria.
Case Example: In David v Joel [2017], a woman yelling obscenities in a public street was acquitted as her conduct was directed at no one in particular and did not meet the threshold for offensive behaviour.
3. Threatening or Violent Conduct
Threats of harm or physical acts of violence can also constitute public nuisance.
Examples include making explicit threats or damaging public property in a way that disrupts others.
4. Specific Offences
– Public Urination: Governed by Section 7 of the Summary Offences Act, this offence applies to urinating in public spaces.
– Offensive Language: Swearing or using inappropriate language in public, particularly near licensed venues, can attract penalties.
Legal Defences for Public Nuisance
There are several defences and/or arguments that can be raised to public nuisance charges.
One of the real issues in public nuisance matters is whether the conduct complained of really constitutes the type of “public nuisance” the Summary Offences Act sought to prohibit.
If not carefully considered, a court may make judgements about your conduct which are completely at odds with how you perceived it, or intended it to be viewed. Contextualising the conduct alleged with the aid of current community standards, the defendant’s intention and the help of precedent may see you avoid the consequences of a conviction.
- Was the conduct genuinely disorderly, offensive, or threatening?
- Did the behaviour realistically interfere with the peaceful enjoyment of a public place?
- Was the accused person correctly identified as the offender?
- Legal precedents, such as the cases discussed earlier, demonstrate the importance of context in building a defence.
For example, a strong argument could be made if the behaviour occurred in an environment where similar actions are commonplace or even considered to be accepted.
How McMillan Criminal Law Can Help
McMillan Criminal Law specialises in representing clients charged with public nuisance and related offences.
Our team understands the nuances of these cases and works to ensure fair outcomes for our clients.
Whether you’ve been issued an infringement notice or are facing court, we are here to help.
Contact Michael McMillan today on (07) 5619 6860 or 0409 273 430 for legal advice and representation.