Offensive Language | Offensive Conduct Lawyers

In fact, being convicted of offensive language or offensive conduct will result in a 'criminal record' unless the Magistrate can be persuaded to order a 'section 10' (ie not impose a penalty or criminal conviction).

It is therefore important to consult Accredited Criminal Lawyers with expertise and experience in offensive language and offensive conduct matters.

Sydney Criminal Lawyers has successfully represented clients in offensive language / conduct cases for many years.

We frequently succeed in having offensive language and/or conduct charges withdrawn at a very early stage.

We do this by carefully examining the case and writing to police outlining any deficiencies or possible defences.

We jealously protect our clients' rights, especially when the allegations or evidence do not support the charge/s.

If the matter proceeds to a hearing, Sydney Criminal Lawyers will fight for the dismissal of the charge/s.

Offensive language is where a person uses 'offensive language in or near, or within hearing from, a public place or school'.

'Offensive' means something that is 'calculated to wound the feelings, arouse anger or resentment or outrage in the mind of a reasonable person'.

That 'reasonable person' must not be 'thin-skinned' ie can't be offended too easily.

There is no list of which words are 'offensive' and which are not. However, it has been held that the word 'fucking' is offensive.

The defence to offensive language is 'reasonable excuse'; in other words, that there was a good reason for using the offensive words eg when experiencing acute pain after being struck by a person or object.

The maximum penalty for offensive language is a fine of $660.00 or, alternatively, up to 100 hours community service.

Offensive conduct is where a person 'conducts himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school'.

The definition of 'offensive' is the same as for offensive language and the defence of 'reasonable excuse' is similarly available.

Examples of 'offensive conduct' include the exposure of 'private parts' in a public place eg 'nude bathing' at a public beach, 'flashing' or 'chucking a brown-eye', changing underwear in public view etc.

Another example is walking around the house naked within clear view of passers-by or a school.

Reasonable excuses can include a mistaken belief that the beach was a 'nude beach', or that the curtains at home were drawn, or that the location in which the person changed underwear was extremely isolated etc.

The maximum penalty for offensive conduct is $660.00 and/or 3 months imprisonment.