Charges
Offensive language in a public place
Summary Offences Act 1988 (NSW) s 4A
What is the maximum penalty for offensive language in NSW?
Maximum penalty. 6 penalty units. There is no term of imprisonment for this offence. Instead of a fine the court may make a community correction order subject to a community service work condition, and s 4A(6) caps community service work for this offence at 100 hours.
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 using offensive language in or near a public place or a school, or within hearing from one. The penalty is a fine only, and the court can order community service work instead of a fine, capped at 100 hours. It is a defence if the accused satisfies the court that they had a reasonable excuse.
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.
Related charges
Every stone turned. Every avenue pursued.
Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.