Offensive Behaviour

In the ACT it is a criminal offence to engage in offensive behaviour in a public place. It carries a maximum penalty of a $3,200 fine. 

What is the Offence of Offensive Behaviour?

Pursuant to section 392 of the Crimes Act 1900 (ACT) it is a criminal offence to engage in offensive behaviour in a public place, or in view or hearing, of a public place. 

The following acts constitute Offensive Behaviour:

• Being intoxicated and disorderly in a public place; 
• Fighting in a public place; 
• Being verbally abusive in, or in view of, a public place; 
• Engaging in sexual acts in a public place. 

What Must Be Proven?

For a person to be found guilty of Offensive Behaviour the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You behaved in a riotous, indecent, offensive, or insulting manner; and 
• You were near, or within the view or hearing of a person in a public place. 

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear The Matter?

This offensive is a fine only offence, which means that it will be dealt with in the Magistrates Court. 

Possible Defences to an Offence of Offensive Behaviour

The following defences may be available for an Offensive Behaviour charge:

• Disputing that the conduct was not riotous, indecent, offensive, or insulting; or 
• That the conduct did not occur near, or within the view or hearing of a person in a public place.

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence can be imposed, even though it is a fine only offence. 

In the ACT, a Court can impose any of the following penalties for an Offensive Behaviour charge:

• Fine 
• Conviction 
• Non-conviction order 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.