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Offensive Language & Conduct
Offensive conduct and offensive language are offences under section 4 and section 4A respectively of the Summary Offences Act 1988 (NSW). These are summary offences which means they are dealt with in the Local Court.
The use of offensive language or conduct in public may seem trivial, especially where swearing or other offensive conduct might be commonly used in modern society. However, in some respects, this is still an offence. If successfully proven, a conviction can lead to a criminal record which can impact your life and opportunities for future employment. Police officers often charge a person for offensive language or conduct where it is difficult to prosecute for a more specific offence. Verbal abuse towards police officers tends to lead to a charge of offensive language.
You can give yourself an effective defence against these charges by contacting our experienced criminal defence team. We provide honest and realistic advice and can assist you through the criminal justice process. It is our goal to deliver a strong defence for your case and provide the best possible outcome for your situation.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You conducted yourself in an offensive manner or
You used offensive language
And you did so, in or near, or within view or hearing from, a public place or a school
What is Offensive?
Offensive refers to conduct or language that would wound the feelings, arouse anger or resentment, or disgust in the mind of a reasonable person (Worcester v Smith [1951] VLR 316).
Is Swearing Offensive?
Although swearing may seem normal and common in modern society, you can still be charged with offensive language if the language you have used could offend a reasonable person and you were in or near, or within hearing from, a public place or a school. A reasonable person is not someone that is overly sensitive or can be offended easily, it is an average ordinary person.
Maximum Penalties
Offensive conduct
The maximum penalty is a fine of 6 penalty units ($660) and/or imprisonment for 3 months.
Offensive language
The maximum penalty is a fine of 6 penalty units ($660) or 100 hours of community service work.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on individual circumstances and the nature of your offence. In NSW, a court can impose any of the following penalties:
Fine
Dismissal Without Conviction
Conditional Release Order (CRO)
Community Correction Order (CCO)
Intensive Correction Order (ICO)
Conviction Without Penalty
Deferral for Rehabilitation
Imprisonment
Defences
Some possible defences available for these charges can include:
You had a reasonable excuse for conducting yourself in the manner alleged or for the language that you used at the time
For example, if you used offensive language as part of a reflex or immediate reaction to something such as a heavy object falling onto your foot (Karpik v Zisis (1979)
The language or conduct was not offensive in the circumstances
If you have any further questions in regards to these offences or want to discuss your situation with proficient and experienced lawyers, contact our team at (02) 9060 9799 or email our Principal Lawyer at samuel@saslawyers.com.au.