Public Order Offences
You can give yourself an effective defence against public offence charges by contacting our experienced criminal defence team at Criminal Lawyers – Defending You. We provide honest and realistic advice and can assist you through the criminal justice process. Our goal is to deliver a strong defence for your case and provide the best possible outcome for your situation.
Please see below for more information on the offence that relates to you. If you have any further questions 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.
Affray
Affray is an offence under section 93C of the Crimes Act 1900 (NSW).
This offence involves the use, or threat to use, unlawful violence towards another person, and this causes a person of “reasonable firmness” present at the scene to fear for their personal safety. If two or more people use or threaten unlawful violence, it is the conduct of them taken together that must be considered in the charge of affray.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You used or threatened to use violence toward another person
You intended to use or threaten to use violence or were aware that your conduct may be violent or threaten violence
Your actions would cause a person with reasonable firmness to fear for their personal safety and
You did so without a lawful excuse
Where Can Affray be Committed?
Section 93C(5) of the Crimes Act 1900 (NSW) states that affray may be committed in both private and public places.
Does the Use of Words Alone Constitute a Threat?
Under section 93C(3) of the Crimes Act 1900 (NSW), threats cannot be made by words alone.
What is a Person of Reasonable Firmness?
A person of reasonable firmness is a reliable witness. Per section 93C(4) of the Crimes Act 1900 (NSW) no person of reasonable firmness need be, or is likely to be, present at the scene. It merely refers to whether the use or threat to use unlawful violence in the circumstances would cause an ordinary person to fear for their personal safety.
Maximum Penalties
The maximum penalty in the Local Court is 2 years imprisonment. The maximum penalty in the District Court is 10 years imprisonment.
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:
Defences
Some possible defences available to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Violent Disorder
If three or more people who are present together use or threaten unlawful violence, they are liable to an offence under section 11A of the Summary Offences Act 1988 (NSW). You can be charged with this offence if the conduct occurred in a public or private place.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You are one of 3 or more people that used or threatened unlawful violence
The threat or use of unlawful violence would have caused a person of reasonable firmness present at the scene to fear for his or her personal safety
It does not matter whether or not the 3 or more persons' use or threat of using unlawful violence was simultaneous.
What Does Violence Mean?
Violence refers to any violent conduct. It includes violent conduct towards property and/or persons. It is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct (for example, throwing at or towards a person a weapon of a kind capable of causing injury which does not hit or falls short).
What is a Person Of Reasonable Firmness?
A person of reasonable firmness is a reliable witness. Per section 93C(4) of the Crimes Act 1900 (NSW), no person of reasonable firmness need be, or is likely to be, present at the scene. It merely refers to whether the use or threat to use unlawful violence in the circumstances would cause an ordinary person to fear for their personal safety.
Maximum Penalties
The maximum penalty is a fine of 10 penalty units ($1,100) or 6 months imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular 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 to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Riot
If twelve or more people who are present together use or threaten unlawful violence for a common purpose, they are liable to an offence under section 93B of the Crimes Act 1900 (NSW). You can be charged with this offence if the conduct occurred in a public or private place.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You are one of 12 or more people that used or threatened unlawful violence for a common purpose
The threat or use of unlawful violence would have caused a person of reasonable firmness present at the scene to fear for his or her personal safety
It does not matter whether or not the 12 or more persons' use or threat of using unlawful violence was simultaneous.
What Does Violence Mean?
Violence refers to any violent conduct. It includes violent conduct towards property and/or persons. It is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct (for example, throwing at or towards a person a weapon of a kind capable of causing injury which does not hit or falls short).
What is a Person of Reasonable Firmness?
A person of reasonable firmness is a reliable witness. Per section 93C(4) of the Crimes Act 1900 (NSW), no person of reasonable firmness need be, or is likely to be, present at the scene. It merely refers to whether the use or threat to use unlawful violence in the circumstances would cause an ordinary person to fear for their personal safety.
Maximum Penalties
The maximum penalty is 15 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular 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 to this charge can include:
You were defending yourself or another person or your property (Self-Defence)
You were coerced or threatened to act a certain way under the circumstances (Duress)
Your actions were necessary to prevent serious injury (Necessity)
Consorting
If you are habitually consorting with convicted offenders, you may be liable for an offence under section 93X of the Crimes Act 1900 (NSW). Consorting essentially refers to a situation where police see you associating with someone regularly and that person has previously been convicted of an offence.
Consorting laws enable the police to disrupt the association and organisation of criminal gangs by preventing members from associating with each other. If you believe the police have pressed consorting charges in the absence of any factual basis or evidence, Criminal Lawyers – Defending You are here to defend your case.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You consorted with a convicted offender/s on a habitual basis and
You did so after having been given an official warning to each of those convicted offender/s
There is no need for the Prosecution to prove any particular purpose for consorting.
What is Habitually Consorting?
You are seen as habitually consorting with convicted offenders if:
You consorted with at least 2 convicted offenders (on the same or separate occasions), and
You consorted with each convicted offender on at least 2 occasions.
What is an Official Warning?
An official warning is a warning given by a police officer (orally or in writing) to the effect that:
a certain person is a convicted offender, and
habitually consorting with convicted offenders is an offence.
Maximum Penalties
The maximum penalty is a fine of 150 penalty units ($16,500) or 3 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular 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 to this charge can include:
The official warning by the police was given more than 2 years ago or 6 months ago if you are under the age of 18. An official warning ceases to have effect after these periods.
You had a lawful purpose for associating with convicted offender/s. This was a reasonable belief considering all circumstances as determined by the court. For example:
You were consorting with a family member
You were consorting in the course of your lawful employment or training or education
You were consorting in the course of the provision of a health or legal service
You were consorting while in lawful custody or in the course of complying with a court order
You were consorting in the course of providing transitional, crisis, or emergency accommodation
You were consorting in the course of complying with:
an order granted by the Parole Authority, or
a case plan, direction, or recommendation by a member of staff of Corrective Services NSW
Family member includes, for a defendant who is an Aboriginal person or a Torres Strait Islander, a person who is or has been part of the extended family or kin of the defendant according to the indigenous kinship system of the defendant’s culture.
Health service means:
(a) medical (including psychological), hospital, ambulance, paramedical, dental, community health or environmental health service, or
(b) another service:
relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in, or injury to, persons (whether provided as a public or private service), and
that is of a class or description prescribed by the regulations.
Parole Authority means the State Parole Authority constituted by section 183 of the Crimes (Administration of Sentences) Act 1999 (NSW).
Welfare service means a service (whether provided as a public or private service) relating to the provision of:
housing, employment benefits, rental assistance or other financial assistance or family support, or
another community welfare service necessary for the promotion, protection, development, and maintenance of the well-being of persons, including any rehabilitation, counselling, drug or alcohol service.
Participating in a Criminal Group
Under section 93T of the Crimes Act 1900 (NSW), it is an offence to participate in a criminal group. You may participate in a criminal group whether or not you are a member of that criminal group. You will be liable to harsher penalties if you commit this offence and participate in other criminal conduct for the purpose of participating as part of a criminal group
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You participated in a criminal group
You knew or ought to have reasonably known that it was a criminal group and
You knew or ought to have reasonably known that your participation in that group contributed to the occurrence of any criminal activity
What Does 'In The Execution of the Officer's Duty' Entail?
An action is considered to be carried out in the execution of the officer’s duty, even if the officer is not on duty at the time but only if it is carried out as a consequence of, or in retaliation for, actions undertaken by that officer in the execution of the officer’s duty, or because the officer is a law enforcement officer.
Examples
This includes conduct where:
You directed any of the activities of the group
You assaulted another person, intending by that action to participate in any criminal activity of a criminal group
You destroyed or damaged property belonging to another person or threatened to destroy or damage property belonging to another person, intending by that action to participate in any criminal activity of a criminal group
You assaulted a law enforcement officer while in the execution of the officer’s duty, intending by that action to participate in any criminal activity of a criminal group
You participated in a criminal group whose activities are organised and ongoing by directing any of the activities of the group
Maximum Penalties
The maximum penalty is 5 years imprisonment.
Section 93T(1A): Directed any of the activities of the group
The maximum penalty is 10 years imprisonment.
Section 93T(2): Assaulted another person, intending by that action to participate in any criminal activity of a criminal group
The maximum penalty is 10 years imprisonment.
Section 93T(3): Destroyed or damaged property belonging to another person or threatened to destroy or damage property belonging to another person, intending by that action to participate in any criminal activity of a criminal group
The maximum penalty is 10 years imprisonment.
Section 93T(4): Assaulted a law enforcement officer while in the execution of the officer’s duty, intending by that action to participate in any criminal activity of a criminal group
The maximum penalty is 14 years imprisonment.
Section 93T(4A): Participated in a criminal group whose activities are organised and ongoing by directing any of the activities of the group
The maximum penalty is 15 years imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular 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
Resist and Hinder Police
Section 546C of the Crimes Act 1900 (NSW) states that any person who resists or hinders, or incites any person to assault, resist or hinder a police officer while in the execution of their duty has committed an offence.
Police officers are generally fair and reasonable in the execution of their duty. If you find yourself in a situation where you believe the police were using excessive force and you have reacted with attempts to defend yourself or you fought back, you may be liable to this charge. At Criminal Lawyers – Defending You, we can defend your rights and protect your innocence.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You resisted or hindered a police officer or
Incited someone else to resist, hinder or assault a police officer
The person was a police officer in the NSW Police Force, and
The police officer was executing their duties at that time
Maximum Penalties
The maximum penalty is a fine of 10 penalty units ($1,100) and/or 12 months imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular 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 to this charge can include:
Police were acting illegally
Police were not carrying out their duties at the time, or their actions were outside their duties as a police officer
Deny that you did the act that constituted the offence.
Obscene Exposure
It is an offence under section 5 of the Summary Offences Act 1988 (NSW) to deliberately expose oneself within the view of a public place or school in a manner that is deemed offensive to social standards and contrary to appropriate behaviour.
Obscene exposure is not limited to the exposure of genitals, any exposure that is deemed offensive can be liable to this offence. A person may still be guilty of this offence even if the obscene exposure was not seen by anyone, rather the possibility that you could have been seen is sufficient to warrant a conviction.
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You exposed yourself in an obscene way
You did so within sight of a public place or school
What is a Public Place?
A public place is defined under section 3 of the Summary Offences Act 1988 (NSW) as a place (whether or not covered by water), or a part of premises, that is open to the public or is used by the public whether or not on payment of money or other consideration, whether or not the place or part of the place is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of person.
What is Offensive?
Offensive refers to conduct that would wound the feelings, arouse anger or resentment, or disgust in the mind of a reasonable person (Worcester v Smith [1951] VLR 316).
Maximum Penalties
The maximum penalty is a fine of 10 penalty units ($1,100) or 6 months imprisonment.
The maximum penalty is reserved for cases that are the most serious. The penalty you will receive will depend on your circumstances and the nature of your particular 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