Adelaide Lawyers for Disorderly Behaviour & Public Order Offences
What the Offence Is
Disorderly behaviour is an offence under Section 7 of the Summary Offences Act 1953 (SA). It occurs when a person behaves in a disorderly or offensive manner in a public place or a police station. The law aims to prevent conduct that disrupts public order, causes alarm, or offends members of the public.
Examples of disorderly behaviour include:
- Yelling, swearing, or making offensive gestures in public.
- Drunken or aggressive behaviour that disturbs others.
- Blocking public pathways and refusing to move.
- Inciting violence or provoking fights.
- Interrupting public events in a disruptive manner.
Disorderly behaviour is a low-level public order offence,but it can escalate if it is combined with other offences, such as resistingarrest or assaulting police.
Why you Need Legal Advice
Disorderly behaviour is a minor but significant offence in South Australia. While it is often resolved with a fine, it can have lasting legal consequences, especially if combined with other charges. If you are charged with disorderly behaviour, seeking legal advice can help you explore possible defences and minimise the impact on your record.
Contact Stanley & Co Lawyers on 08 7001 6135 to speak with an expert Criminal Lawyer. We offer a complimentary 30-minute, no-obligation consultation to discuss your case and advise you on your legal options.
Helpful Questions & Answers
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What the Prosecution Needs to Prove
To secure a conviction for disorderly behaviour, the prosecution must prove beyond a reasonable doubt that:
- The accused engaged in behaviour that was disorderly or offensive – This means conduct that is unruly, disruptive, or likely to cause annoyance, alarm, or resentment to others.
- The behaviour occurred in a public place or a police station – Public places include streets, parks, shopping centres, and licensed venues.
- The accused intended to behave in that manner – While there is no requirement to prove intent to offend, the prosecution must show that the behaviour was deliberate.
It is important to note that “disorderly” behaviour isassessed by what an ordinary, reasonable person would consider to be disruptive or offensive in the circumstances.
The Relevant Court
Disorderly behaviour is a summary offence, meaning it is dealt with in the Magistrates Court of South Australia.
Most cases are finalised quickly with a fine or a good behaviour bond. However, if the accused contests the charge, they may have to present evidence and call witnesses in their defence.
What Defences Are Available?
A person charged with disorderly behaviour may rely on several defences, including:
- Reasonable Conduct – If the behaviour was not actually disorderly, offensive, or disruptive, the accused may argue that their actions were misinterpreted.
- Self-Defence – If the accused acted disorderly in response to a threat or provocation, they may argue that their actions were justified.
- Mental Impairment – If the accused was suffering from a mental health condition that affected their ability to control their behaviour, this may be a defence.
- Police Misconduct – If the police overreacted or acted unlawfully (e.g., excessive force, wrongful arrest), the defence may challenge the charge.
What Are the Specific Maximum Penalties for the Offence?
Under Section 7 of the Summary Offences Act 1953 (SA), the maximum penalty for disorderly behaviour is:
- A fine of up to $1,250, or
- Three months imprisonment.
In most cases, first-time offenders receive a fine or awarning. However, repeat offenders or those who engage in particularly aggressive or disruptive behaviour may face harsher penalties, including community service or a good behaviour bond.
If the disorderly behaviour occurs in licensed premises, the accused may also face penalties under the Liquor Licensing Act 1997 (SA), including bans from venues.
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