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Public Nuisance

Public Order Offences – QLD

Welcome to the QLD Public Nuisance article page. Everything you need to know about Public Nuisance according to QLD law – Dated: 09/01/2009

What the Law States according to QLD Law for Public Nuisance

According to QLD Law for the charge of Public Nuisance:

Sections 6 of the Summary Offences Act Queensland states:

(1) A person must not commit a public nuisance offence.

The Maximum Penalty – Public Nuisance

According to QLD Law for the charge of Public Nuisance, the maximum penalty for this offence is 10 penalty untis or 6 months imprisonment.

What the Police must prove according to QLD Law for Public Nuisance

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused behaves in

  1. a disorderly way; or
  2. an offensive way; or
  3. a threatening way; or
  4. a violent way; and

2. The person’s behaviour interferes, or is likely to interfere with the peaceful passage through, or enjoyment of, a public place by a member of the public.

A person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and a person behaves in a threatening way if the person uses threatening language.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under QLD Law – Public Nuisance

Possible defences to this offence include but are not limited to

  1. Identification i.e. not the accused.
  2. The behaviour was not disorderly, offensive, threatening or violent.
  3. The accused’s behaviour did not or was not likely to interfere with the peaceful passage through or enjoyment of, a public place by a member of the public.
  4. The accused was not using offensive, obscene, indecent or abusive language.

In QLD which court will hear the matter – Public Nuisance

This matter is a simple offence which means it is dealt with in the Magistrates Court.

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