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Archive for August, 2009

Am I A Public Nuisance?

Sunday, August 23rd, 2009

Committing a Public Nuisance is an offence provided for by Section 6 of the Summary Offences Act 2005.  

But I Am Not A Public Nuisance 

A charge of Public Nuisance can be defended by a person saying that they behaved in a certain way because:  

a)      They acted in self defence to an assault; 

b)      They acted in provocation  to an assault; 

c)      Their behaviour was not as defined in the act. 

But I had To Go 

Urinating in a public place was previously charged under the Section charging Public Nuisance. It is now a distinct offence for urinating in public. It is provided for by Section 7 of the Summary offences Act 2005.  

What Are The Maximum Penalties 

For Public Nuisance, the maximum penalty is 10 penalty units ($1000 or six months imprisonment) for the offence of Public Urination, the maximum penalty is two penalty units. As can be seen, Public Nuisance is the more serious of the two offences and can result in an actual term of imprisonment. It is important in these cases to obtain appropriate advice so that submissions can be made on penalty or the charge properly prepared to be defended.