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Have you been charged with public nuisance?

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  • Aggravated Assault
  • Wilful Damage
  • Common Assault
  • Public Display of a Nazi Symbol or the Nazi Salute
  • Harassing a Witness
  • Recklessly Causing Serious Injury In Circumstances Of Gross Violence
  • Affray Charges In Victoria
  • Intentionally Causing Serious Injury in Circumstances of Gross Violence
  • Intentionally causing Serious Injury
  • Recklessly Causing Serious Injury
  • Intentionally Causing Injury
  • Administering Certain Substances
  • Threats to Kill and Assault Offences
  • Stalking
  • Negligently Causing Serious Injury
  • Extortion With Threat to Kill
  • Extortion, With Threats to Destroy and/or Endanger Property
  • Threatening to Prevent Arrest
  • Using a Firearm in the Commission of an Offence
  • Being Armed with Criminal Intent
  • Kidnapping
  • Robbery
  • Armed Robbery
  • Aggravated Burglary
  • Home Invasion
  • Aggravated Home Invasion
  • Arson
  • Criminal Damage
  • False Imprisonment
  • Public Nuisance
  • Riot
  • Rout Offence
  • Unlawful Assembly
  • Intentionally Causing a Very Serious Disease
  • Carjacking
  • Aggravated Carjacking

What does it mean to be charged with a Public Nuisance offence?

Public nuisance refers to conduct that causes a disturbance or interference with the public’s rights, comfort, or safety. In Victoria, public nuisance can be categorised into:

  1. Public Nuisance (Criminal Offence):
    • Defined under Section 61 of the Public Health and Wellbeing Act 2008 (PHWA).
    • Involves causing a nuisance or knowingly allowing it to exist or emanate from occupied land.
 

      2. Public Nuisance (Common Law):

    • Involves unauthorised acts or failure to fulfill legal duties that endanger public health, property, morals, or comfort.
    • Includes obstruction of public rights.
 

Public nuisance assault offences are taken seriously and often involve aggravating factors, such as physical confrontation or endangerment of others’ safety.

Examples of Public Nuisance Assault Offences

Public nuisance assault offences cover a wide range of behaviours, including: 

  • Affray: Violent conduct that causes fear to others in public. 
  • Assaulting Police: Physical or verbal confrontations with law enforcement. 
  • Obstruction of Public Officials: Hindering officials from carrying out their duties. 
  • Dangerous Goods Offences: Endangering the public by mishandling hasardous materials. 
  • Obscene Behaviour: Using offensive or threatening language in public. 
  • Unlawful Assembly: Participating in gatherings that disturb public order. 
  • Making False Reports: Providing false information to authorities to disrupt public peace. 

What must the prosecution prove?

To determine whether you have been charged with a public nuisance assault offence, the prosecution must prove beyond reasonable doubt the following:

  1. Under Statute (PHWA):
    • You caused a nuisance or allowed a nuisance to emanate from land you occupy.
    • The nuisance was without lawful justification or excuse.
 

      2. Under Common Law:

    • You committed an unauthorised act or failed a legal duty.
    • Your conduct endangered public health, safety, or comfort, or obstructed public rights.
    • The victim was unable to stop the nuisance.
 

If these elements cannot be proven, you are not guilty of the offence.

What are potential penalties for public nuisance?

Public nuisance assault offences carry significant penalties. These include: 

  • Imprisonment:  
    • Up to 5 years for common law offences (Level 6 offence). 
  • Fines:  
    • Up to 120 penalty units for individuals under the PHWA. 
    • Up to 600 penalty units for corporations under the PHWA. 
  • Diversion Programs:  
    • Suitable for first-time offenders or those with mitigating circumstances. 
  • Community Correction Orders (CCOs):  
    • Conditions may include behavioural programs or community service. 
  • Youth Justice Centre Orders:  
    • Tailored for young offenders. 
  • Adjourned Undertakings or Discharges:  
    • Appropriate for less severe cases. 

Recent Case examples:

  • Case 1: A defendant resisted arrest in a public area. By highlighting mitigating factors and negotiating with the prosecution, the case was resolved with a fine and no conviction. 
  • Case 2: A participant in an unlawful assembly faced charges of public nuisance assault. A diversion program was successfully granted, avoiding a criminal record. 
  • Case 3: A repeat offender engaged in public disturbances using offensive language. Through strong representation, penalties were mitigated to minimise the term of imprisonment. 

What are some potential defences?

Defences to public nuisance assault charges depend on the circumstances. Possible defences include: 

  • No Nuisance Occurred: Demonstrating actions were lawful or did not cause harm. 
  • Lack of Intent: Establishing no intention to cause a nuisance or assault. 
  • Lawful Justification or Excuse: Actions were taken within legal rights. 
  • Mistaken Identity: Evidence shows the accused was not involved. 
  • Mental Impairment: Arguing the accused lacked the capacity to understand their actions. 
  • Alibi: Proof that the accused was elsewhere when the offence occurred. 
 

Given the gravity of this offence, it is important to seek legal advice as soon as possible, so a lawyer from MK Law can tailor a defence strategy for your specific circumstances.  

Considerations When Sentencing:

MKLaw

Courts consider various factors when determining penalties, including: 

  • The nature and gravity of the offence. 
  • The level of planning and intent. 
  • The duration and impact of the nuisance. 
  • The defendant’s criminal history and personal circumstances. 
  • Cooperation with authorities and any guilty plea. 
 

Defendants with extensive criminal histories or premeditated actions often receive harsher penalties. 

MKLaw

Assault Charges

  • Aggravated Assault
  • Wilful Damage
  • Common Assault
  • Public Display of a Nazi Symbol or the Nazi Salute
  • Harassing a Witness
  • Recklessly Causing Serious Injury In Circumstances Of Gross Violence
  • Affray Charges In Victoria
  • Intentionally Causing Serious Injury in Circumstances of Gross Violence
  • Intentionally causing Serious Injury
  • Recklessly Causing Serious Injury
  • Intentionally Causing Injury
  • Administering Certain Substances
  • Threats to Kill and Assault Offences
  • Stalking
  • Negligently Causing Serious Injury
  • Extortion With Threat to Kill
  • Extortion, With Threats to Destroy and/or Endanger Property
  • Threatening to Prevent Arrest
  • Using a Firearm in the Commission of an Offence
  • Being Armed with Criminal Intent
  • Kidnapping
  • Robbery
  • Armed Robbery
  • Aggravated Burglary
  • Home Invasion
  • Aggravated Home Invasion
  • Arson
  • Criminal Damage
  • False Imprisonment
  • Public Nuisance
  • Riot
  • Rout Offence
  • Unlawful Assembly
  • Intentionally Causing a Very Serious Disease
  • Carjacking
  • Aggravated Carjacking

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What happens next?

If you have been charged with a public nuisance assault offence, contact MK Law for expert legal advice 24/7 at 1800 130 120 or marcus.mklawfirm.com.au. Our experienced team specialises in: 

  • Investigating and challenging prosecution evidence. 
  • Negotiating charge reductions or withdrawals. 
  • Preparing strong defences to achieve favourable outcomes. 
  • Advising on plea agreements to minimise penalties. 
 

Engage us early to ensure your rights are protected and to navigate the legal system effectively. 

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  • 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
  • 1800 130 120
  • marcus@mklawfirm.com.au
Mk Law

Top 5 firms by reputation dealing with traffic and criminal law matters.

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MK Law
2/212 Barkly Street, St Kilda
Victoria, 3182
Australia

Phone: 1800 130 120
Email: marcus@mklawfirm.com.au

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