Against Public Order Offences | Perth WA

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Against Public Order Offences | Perth WA

Disorderly Behaviour in Public

  • Disorderly behaviour in a public place is an offence under section 74A of the Criminal Code 1913 (WA).
  • This offence is a strictly summary offence. It commences and will be finalised in the Magistrates Court. The maximum penalty is a fine of $6,000.00 fine.
  • If you plead guilty, or are found guilty, a number of different fines can be imposed. It is likely that a criminal conviction will be recorded.

If you have been charged with disorderly behaviour in a public place, the prosecutor must prove beyond reasonable doubt that:

  1. You are the person who did the things asserted constituting the offence
  2. You were in a public place
  3. You behaved in a manner that was disorderly
  4. Your behaviour was unlawful

What is disorderly behaviour?

Behaving in a disorderly manner includes

  1. using insulting, offensive or threatening language; and
  2. behaving in an insulting, offensive or threatening manner.

For the behaviour to be disorderly, it must cause or likely cause the order of the particular place at that particular time to be disturbed.

What is a public place?

A public place is defined as a place to which the public have or are permitted to have access whether on payment or otherwise, or without interference from the owner or a police station.

This will depend on a number of factors including:

  • whether you accept that you were in a public place
  • whether you accept that you behaved in a manner that was disorderly
  • whether you had a lawful excuse to engage in the conduct. Your criminal defence lawyer can help assess whether there are grounds for a defense.

You may accept that you behaved disorderly in a public place but:

  • your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
  • you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the statement of material facts.

Q. If I plead guilty or am found guilty, will a conviction be recorded?

If you plead guilty, or are found guilty, it is likely that a criminal conviction will be recorded.

Q.Am I going to go to gaol for a charge of disorderly behaviour in public?

Though imprisonment is not an available sentence for an offence of disorderly behaviour, there are many sentencing alternatives.

The maximum penalty for disorderly behaviour in a public place is a fine of $6,000.00, however the extent of the fine you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

Q. What will the court take into account when sentencing?

When sentencing for disorderly behaviour in a public place, the court considers factors such as the nature and severity of the behaviour, any harm caused, the level of disruption to public order, the offender’s intent, criminal history, personal circumstances, and any mitigating or aggravating factors.

Obstructing a Public Officer

  • Obstructing a public officer is an offence under section 172 of the Criminal Code 1913 (WA).
  • This offence is a strictly summary offence. It commences and will be finalised in the Magistrates Court. The maximum penalty is 18 months imprisonment.
  • If you plead guilty, or are found guilty, a number of different sentences can be imposed. There is a real prospect that a criminal conviction will be recorded.

If you have been charged with obstructing a public officer, the prosecutor must prove beyond reasonable doubt that:

  1. A public officer is performing a function of their duty
  2. That you are the person who is alleged to have committed the offence
  3. You obstructed the public officer in the performance of their function. Your lawyer will gather information about the incident, understand your version of events, and assess any potential defenses or mitigating factors.

What does public officer mean?

Includes any constable or officer of police, Minister, member of Parliament or otherwise defined under section 1 of the Criminal Code.

What does obstruct mean?

Do any act which prevents, hinders or resists.

This will depend on a number of factors including, for example:

  • whether you accept that you are the person alleged
  • whether you obstructed a person
  • whether you accept the person was a public officer
  • whether you were acting unlawfully

You may accept that you obstructed a public officer but:

  • your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
  • you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the statement of material facts.

Q. If I plead guilty or am found guilty, will a conviction be recorded?

If you plead guilty, or are found guilty, it is likely that a criminal conviction will be recorded.

Q. Am I going to go to gaol if I am sentenced to obstructing a public officer?

Imprisonment is not a likely outcome for an offence of obstructing a public officer and there are many sentencing alternatives.

The maximum penalty for obstructing a public officer is 18 months imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.

Q. What will the court take into account when sentencing?

When sentencing for obstructing a public officer, the court considers factors such as the nature and severity of the obstruction, any harm caused, the level of interference with the officer’s duties, the offender’s intent, criminal history, personal circumstances, any mitigating or aggravating factors

Give False Personal Details to Police

  • Give False Personal Details to Police is an offence under section 16 of the Criminal Investigation (Identifying People) Act 2002 (WA).
  • This offence is a strictly summary offence. It commences and will be finalised in the Magistrates Court. The maximum penalty is 12 months imprisonment.
  • If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is likely that a criminal conviction will be recorded.

If you have been charged with giving false personal details to police, the prosecutor must prove beyond reasonable doubt that:

  1. You are the person alleged to have committed the offence
  2. A public officer made a request for your personal details
  3. You refused to give or gave false personal details
  4. You had no reasonable excuse not to comply with the request

What are personal details?

Personal details, in relation to a person, means —

(a) the person’s full name;

(b) the person’s date of birth;

(c) the address of where the person is living;

(d) the address of where the person usually lives.

What it mean by ‘other requests’?

An officer may request a person to remove or adjust any face covering worn by the person or do any other thing reasonably necessary to see the person’s face or verify the correctness of personal details given.

This will depend on a number of factors including, for example:

  • whether you accept that you are the person alleged
  • whether a person made a request for personal details
  • whether that person was an authorised officer
  • whether you gave false personal details or refused to give personal details
  • whether you have a reasonable excuse not to comply with the request

You may accept that you refused to give or gave false personal details but:

  • your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
  • you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the statement of material facts.

Q. If I plead guilty or am found guilty, will a conviction be recorded?

If you plead guilty, or are found guilty, it is likely that a criminal conviction will be recorded.

Q. Am I going to go to gaol if I plead guilty or am found guilty of giving false personal details to police?

Imprisonment is not a likely outcome for an offence of refusing to give or giving false personal details and there are many sentencing alternatives.

The maximum penalty for refusing to give or giving false personal details is 18 months imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol.

Q. What will the court take into account when sentencing?

When sentencing for refusing to provide or for providing false personal details, the court considers factors such as the circumstances surrounding the refusal or falsification, any harm caused, the offender’s intent, criminal history, personal circumstances, and any mitigating or aggravating factors.

Failure to Leave or Remaining in the Vicinity of a Licensed Premises

  • Failure to leave or remaining in the vicinity of a licensed premises is an offence under section 115 of the Liquor Control Act 1988 (WA).
  • This offence is a strictly summary offence. It commences and will be finalised in the Magistrates Court. The maximum penalty is a fine of $5,000.00.
  • If you plead guilty, or are found guilty, a number of different sentences can be imposed. There is a real prospect that a criminal conviction will be recorded.
  • If charged with this offence, you may be subject to a Liquor Control Act Barring Notice.

If you have been charged with failure to leave or remaining in the vicinity of a licensed premises, the prosecutor must prove beyond a reasonable doubt that:

  1. You are the person alleged to have committed the offence
  2. You were in a licenced premises or in the vicinity of a licenced premises
  3. You were asked to leave the premises by an authorised person for a lawful reason
  4. You refused to leave or remained in the vicinity of the licenced premises
  5. You have no lawful excuse not to leave or remain in the vicinity

What is a licensed premises?

Licensed premises means the premises specified or defined by the licensing authority in relation to a licence, protection order or permit as the building or place to which that licence, order or permit relates.

What does ‘remains in the vicinity’ mean?

Remains in the vicinity means

  1. on any footpath; or
  2. in any area subject to the control or management of the licensee, that is adjacent to the licensed premises.

What are the reasons for refusal of entry, request to leave or removal?

a person can be refused entry, requested to leave or removed if they:

  1. are or appear to be drunk; or
  2. behave in an offensive manner; or
  3. are not dressed in conformity with the licensee’s requirements for a standard of dress, being requirements —
    1. that were at the relevant time reasonable in the circumstances; and
    2. notice of which had been conspicuously displayed at each entrance to any part of the premises where the requirements were to be complied with;
  4. is a person who the authorised person has reasonable cause to believe —
    1. or cannot or will not pay; or
    2. is or is known to be quarrelsome or disorderly; or
    3. is seeking to obtain liquor by begging;
  5. is or is known to be, or is an associate of, a reputed thief, prostitute, supplier of unlawful drugs, or person convicted of an offence involving unlawful drugs or violence that is punishable by a term of imprisonment exceeding 3 years; or
  6. is or appears to be a person whose presence, or to whom the provision of service, on the licensed premises will occasion the licensee to commit an offence under this Act; or
  7. seeks to enter or enters or remains on the licensed premises at a time when they are closed or are required under this Act to be closed; or
  8. requests service on a part of the premises —
    1.  where the licensee is not authorised to provide the service requested; or
    2. set aside for the purposes of a private function.

This will depend on a number of factors including:

  • whether you accept that you are the person alleged
  • whether you were asked to leave by an authorised person
  • whether you refused to leave or remained in the vicinity
  • whether you had a lawful excuse not to comply with the request

You may accept that you failed to leave or remained in the vicinity of a licensed premises:

  • your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge.
  • you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the statement of material facts.

Q. If I plead guilty or am found guilty, will a conviction be recorded?

If you plead guilty, or are found guilty, it is likely that a criminal conviction will be recorded.

Q. Am I going to go to gaol if I plead guilty or am found guilty of failure to leave or for remaining in the vicinity of a licensed premises?

Imprisonment is not an outcome for an offence of failure to leave or remaining in the vicinity of a licensed premises and there are many sentencing alternatives.

The maximum penalty for failure to leave or remaining in the vicinity of a licensed premises is a fine of $5,000.00. It is important that a lawyer properly prepares and presents your case to minimise the fine you may receive.

Q. What will the court take into account when sentencing?

When sentencing for failure to leave or if you remained in the vicinity of a licensed premises, the court considers factors such as the circumstances of the offence, any harm caused, the level of disruption or threat to public order, the offender’s intent, criminal history, personal circumstances, any mitigating or aggravating factors

Why Choose Hugo Law Group to Defend You

Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.

Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.

Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.

Contact

At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.

Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.

Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.

As leaders in criminal defence, we know that every story has two sides. We defend yours.

Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.