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Charges

Offensive conduct in a public place

Summary Offences Act 1988 (NSW) s 4

What is the maximum penalty for offensive conduct in NSW?

Maximum penalty. 6 penalty units or imprisonment for 3 months.

A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.

What the charge covers

A person commits this offence by conducting themselves in an offensive manner in or near a public place or a school, or within view or hearing from one. Using offensive language on its own is not enough to make out this offence; that is dealt with separately by s 4A. It is a defence if the accused satisfies the court that they had a reasonable excuse for conducting themselves in the way alleged.

How it is dealt with

Summary; under s 32 of the Act proceedings may be taken before the Local Court

Where these figures come from

Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:

Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.

This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.

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