Summary Offences (NSW)
Summary offences are minor criminal offences that are dealt with in the Local Court or Children’s Court. This page outlines some of the common summary offences in New South Wales. These offences are contained in the Summary Offences Act 1988 and are all punishable by periods of imprisonment of less than two years, or by a fine only.
Offensive language
Offensive language is an offence that is committed when a person uses foul or offensive language. It is a fine-only offence but can still result in a conviction.
Offensive conduct
Offensive conduct is a summary offence that is committed when a person behaves in an offensive manner in a public place. This may involve public nudity, sex, fighting or anti-social behaviour. It can attract a penalty of up to three months imprisonment.
Verbal abuse
There is no specific offence of verbal abuse in New South Wales but this behaviour can give rise to various legal consequences, including Apprehended Violence Orders and charges of using offensive language or offensive behaviour.
Disrespectful behaviour
A specific summary offence known as disrespectful behaviour applies to behaving in a disrespectful manner during Coronial proceedings. The offence is similar to the offence of contempt of court and may consist of refusing to stand, sit or bow when directed or addressing the Coroner or a judge inappropriately.
Failing to leave licensed premises
The offence of failing to leave a licensed premises occurs when a person remains in a licensed venue after being asked to leave. It is a fine-only offence.
Custody of a knife
It is an offence to have custody of a knife in a public place or school in New South Wales. This offence carries a penalty of two years imprisonment.
Custody of a graffiti implement
It is an offence to have custody of a graffiti implement. This offence occurs when a person has in their possession an item that is intended for use writing graffiti on a property of building. It is also an offence to possess a graffiti implement.
Summary offences involving graffiti
In New South Wales there are a number of offences relating to graffiti. These are summary offences which carry a maximum penalty of 12 months imprisonment.
Concealing a birth
In New South Wales, concealment of a birth is punishable by imprisonment for up to two years. A person can be found guilty of this offence is they dispose of the body of a dead child in order to conceal the child’s birth.
Spiking drink or food
It is an offence to spike the drink or food of another person with an intoxicating substance without their knowledge.
Peep or pry
It is an offence to peep or pry on another person in or near a building without a lawful excuse. This is a summary offence that is punishable by a fine or up to three months imprisonment.
If you require legal advice or representation in relation to summary offences or in any other legal matter, please contact Armstrong Legal.
This article was written by Fernanda Dahlstrom
Fernanda Dahlstrom has a Bachelor of Laws, a Bachelor of Arts and a Graduate Diploma in Legal Practice. She has also completed a Master’s in Writing and Literature. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory and in family law in Queensland.
About Armstrong Legal
From our beginnings as Brezniak Neil Smith in a small Sydney office, Armstrong Legal has become a national law firm with more than 30 years of experience supporting Australians through serious legal matters with clarity and care. Our experienced lawyers help clients navigate a wide range of legal matters with professionalism and empathy.
Our national team includes lawyers across Australia who support clients from a diverse range of backgrounds with expert advice, capable of and ready to answer your questions about "family provision law firm wa", "contest will solicitors" or "traffic lawyers port macquarie". Whether you're dealing with ASIC offences, addressing drunk driving cases or seeking help with property settlement, our lawyers can help you act quickly, especially where time limits are relevant.
We may offer a "No Win No Fee" agreement on a case-by-case basis for some family provision claims if you're considering your funding options for legal support while researching "estate administration act", "estate dispute attorney adelaide" or "drink driving lawyers cairns". What's more, for certain estate litigation cases, we may provide a Pay-at-End arrangement depending on the client's circumstances, so contact our friendly team now for an assessment of your case.