Perth Public Order Offences

These charges are imposed where the State has deemed your conduct to victimise society at large. It is possible to negotiate these charges, as well as minimise the potential sanction that you face. To review your options, please contact Assurance Legal today.

Common Public Order Offences

Being armed in a way that may cause fear

• A person who is or pretends to be armed with any dangerous of offensive weapon or instrument in circumstances that are likely to cause fear
  • Maximum penalty – 7 years’ imprisonment
  • Summary conviction maximum penalty – 3 years’ imprisonment, $36,000 fine
• Dangerous and offensive weapons or instruments include conventional weapons such as guns, knives, swords, crossbows etc. but can also include non-conventional items such as metal bars, broken bottles etc.
• This offence will apply to circumstances in which the accused is in possession of replica weaponry, such as fake guns and knives
• Often the conduct that is likely to cause fear will simply be holding the weapon (especially for conventional weapons or replica weaponry), but may be the act of menacingly brandishing the weapon to imply the imminent use of force to inflict harm on another person.
  • Depending on the circumstances of your case, it may be argued that despite being armed/pretending to be armed, it was not likely that you would have caused fear
• Possible defences:
  • You weren’t armed or pretending to be armed
  • You had lawful authority to be armed in the circumstances
  • It wasn’t you who was armed or pretending to be armed
  • The way in which you were armed or pretending to be armed did not and would not likely have caused fear
  • You honestly and reasonably believed that the item was not a dangerous or offensive weapon or instrument
  • You honestly and reasonably believed that the way in which you were armed would not be likely to cause fear – Mistake of Fact

Trespass

• Trespass exists in circumstances where:
  • A person enters a place without the consent or licence of the owner, occupier, or person having control or management over the place, or
  • A person remains in a place after having been asked by a person in authority to leave, or
  • A person remains in a part of a place after having been asked by a person in authority to leave that part of the place
• A person in authority is usually the owner, occupier, or police officer
• An owner of enclosed land may request the trespasser to provide their name and address. If they refuse, or give false details, the trespasser is guilty of another crime, and liable to a fine of $500: Criminal Code ss 70B(3), (4)
• It is important to get legal advice if you have been charged with trespass, as the maximum sentence is 12 months imprisonment and a fine of $12,000.
• Possible defences:
  • You had consent to be in the place
  • You had a lawful excuse to be in the place without consent
  • Mistaken identity
  • Mistake of fact (honest and reasonable belief that you were not trespassing)
  • Accident
  • Emergency
  • Insanity
  • Honest Claim of Right (where a person has an honest claim of right to be in the place, and does not have any intention to defraud the owner/occupier/manager)

Graffiti

• Whether it is ‘tagging’ a bus or painting a large-scale mural, if someone’s property is defaced or destroyed without permission, you can be charged with graffiti offences. You may also be charged if you are found in possession of spray paint, pens, or other ‘graffiti implements’ intended to be used to graffiti a public place. Similarly, it is an offence for a person to sell a child a ‘graffiti implement.’
• Penalties for graffiti offences are diverse, and range from fines up to imprisonment.
• The experienced team at Assurance Legal can guide you through the Court process and will fight to achieve the best outcome for you regardless of your circumstances.

Disorderly Behaviour in Public

• If you behave in an insulting, offensive, or threatening manner you may be charged with Disorderly Behaviour in Public. This includes using insulting, offensive, or threatening language and can also include behaviour or language in a private setting, if it is within the sight or hearing of someone in a public place.
• This charge encompasses a broad array of conduct. What is deemed insulting, offensive, or threatening is context-specific and will depend on a variety of factors.
• The circumstances of each case are different, so it is in your interests to discuss your matter with a lawyer as soon as possible. If you have been charged, the team at Assurance Legal can help you achieve a positive outcome.

Rioting / Unlawful Assembly

• If three or more persons assemble with intent to carry out a common purpose which will reasonably cause people in the neighbourhood to fear a tumultuous breach of the peace, Police may charge you with taking part in an unlawful assembly. If the unlawful assembly breaches the peace, the assembly is called a riot and the people assembled are called rioters.
• Police may order that an unlawful assembly or riot to disperse. The failure to do so may result in a criminal charge.
• The penalties for being involved in an unlawful assembly or riot are severe and it is important to seek legal advice as soon as possible.
• If damage is caused during a riot, potential penalties can be even harsher – up to 14 years’ imprisonment if rioters cause damage by fire.