I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Public nuisance is a simple offence under Queensland law and carries a maximum penalty of up to 6 months imprisonment or 25 penalty units.
The Offence of Public Nuisance
The offence created by section 6 of the Summary Offences Act 2005 which says:
- “A person must not commit a public nuisance offence. Maximum penalty —
- if the person commits a penalty units offence within licensed premises, or in the vicinity of licensed premises — 25 penalty units or 6 months imprisonment; or
- otherwise — 10 penalty units or 6 months imprisonment.
- A person commits a public nuisance offence if —
- the person behaves in —
- a disorderly way; or
- an offensive way; or
- a threatening way; or
- a violent way; and
- the person’s behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public.”
- the person behaves in —
What the Police Must Prove
In order to be convicted of public nuisance it must be proved that you:
- behaved in one of the nominated ways (disorderly, offensive, threatening or violent), and
- your behaviour interfered with, or would be likely to interfere with, the peaceful passage through, or enjoyment of, a public place.
In order for a prosecution for public nuisance to succeed, it is not necessary for a third party to actually be “interfered with” or even for a person to make a complaint about your behaviour. It will be sufficient to convict you if your behaviour, on a reasonable assessment, would likely have interfered with the peaceful enjoyment of a public place.
Something like an argument, with raised voices and swearing, would likely constitute a public nuisance if it occurs in a public place, for example at a barbecue area in a local park or at the beach.
What is the Likely Penalty for Public Nuisance?
For a first offence, if the nuisance is of a low level, you might expect to receive an infringement notice or “ticket”. An infringement notice is an on-the-spot fine and, if you pay it, you do not have to go to court and you will not have a conviction recorded against your name.
For repeat offences, or cases in which the nuisance is particularly serious (for example, where a struggle occurs in a licensed venue), it is not uncommon for heavier penalties such as fines, community service, probation, or even imprisonment, to be imposed.
Can I Get a Ticket for Public Nuisance?
Yes. If you receive an infringement notice for public nuisance you have the right to ask that the matter be heard by a magistrate in court, or you can choose to pay the fine amount and that will be the end of the matter.
Which Court Will Hear my Matter?
All public nuisance charges, if they are determined by a court, are heard in the Magistrates Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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