Drunkards Behaving in Riotous or Disorderly Manner

In Victoria, drunkards who behave in a riotous or disorderly manner carries a maximum penalty of 10 penalty units or imprisonment for 2 months. This offence is considered to be more serious than the offences of public drunkenness or being found drunk and disorderly.

Penalties the Court can impose for this charge:

• Imprisonment (Jail – Full Time)
• Community Corrections Orders
• Fine
• Adjourned undertaking
• Discharge
• Dismissal

The Offence of Drunkards Behaving in Riotous or Disorderly Manner

The offence of drunkards behaving in riotous or disorderly manner is contained in Section 16 of the Summary Offences Act 1966 which states:

• “Any person who, while drunk:
  • behaves in a riotous or disorderly manner in a public place;
  • is in charge, in a public place, of a carriage (not including a motor vehicle within the meaning of the Road Safety Act 1986) or a horse or cattle or a steam engine
  • shall be guilty of an offence.”

What Actions Might Constitute Drunkards Behaving in Riotous or Disorderly Manner?

• Swearing at Police in a public place whilst intoxicated by alcohol;
• Riding a bicycle through a park whilst intoxicated by alcohol; or,
• Walking down a public street with your pants down but your underwear on whilst intoxicated by alcohol.

What the Police Must Prove

• You were drunk; and
• You behaved in a riotous or disorderly manner; and,
• You were in a public place.

Or:

• You were drunk; and
• You were in charge of a carriage; a horse; cattle or a steam engine; and
• You were in a public place.

Possible Defences for Drunkards Behaving in Riotous or Disorderly Manner

• Police cannot prove the offence.
• Non-self induced intoxication.

Which Court Will Hear Your Matter?

This offence is a summary offence and will be heard in the Magistrates’ Court.