Public Nuisance

Application

Advice and guidance around when this offence could apply, and when it shouldn't apply.

Applies When

• A person conducts themselves in such a way that it outrages public decency.
• A person shouts excessively.
• A person engages in verbal abuse of another.
• A person is drunk and disorderly.
• A person engages in anti-social behaviour.

Doesn't Apply when

• There are no non-application guidelines for this offence.

Sentencing

Suggested sentences for those who have been convicted of this offence, and advice on the applicable conviction processes.

• Sentences: Where there are multiple suggested sentences, select the sentence that is most appropriate given the offences circumstances.
• Process: Where there are multiple options for the due process, consider the process that best matches the circumstances of the offence, i.e. for more serious circumstances, consider the higher option.

Suggested Sentences

• 5 Silver Penalty
• 1 Day Community Restitution Order
• 3 Lashes

Due Process

• Penalty Offence: A fixed penalty notice (FPN) can be issued for this offence without a court hearing or supervisor escalation.
• Summary Offence: A trial in the Magistrates Court, or a supervisor review is required in order for the suspect to be lawfully convicted and sentenced.

Further Guidance

There is no further guidance for this offence.