Disorderly Behaviour in Public Lawyers, Perth

This offence involves disorderly behaviour in a public place or police station or lockup which includes:
a) using insulting, threatening or offensive language; or
b) behaving in an insulting, threatening or offensive manner.

Whether the behaviour falls into one of the above two categories depends upon factors such as time, location and proximity to the member of the public. The question is whether a reasonable person would think that the behaviour or the language was offensive, threatening or insulting, having regard to all of the circumstances.

Behaviour which would be considered disorderly at a Sunday church service or a family picnic day may not be disorderly if it occurred in a street in Northbridge on a Saturday night. Because members of the public attending Northbridge on a Saturday night might have a higher threshold for the offence than do families attending to a picnic or a public park on Sunday afternoon.

Likewise, public officials such as politicians and police officers have a higher tolerance for offensive behaviour or conduct than to ordinary members of the public. This is because police officers regularly encounter robust and colourful language and behaviour from members of the public.

Do I need to attend court?

Police may simply issue an infringement, which is a fine. An infringement will not result in a criminal conviction if you chose to simply pay the fine. If you will be challenging the infringement you will need to elect to have the matter heard in court.

Alternatively, police may issue you with a prosecution notice and court hearing notice notifying you that the matter is listed in court; this is generally done where police consider the disorderly conduct to be relatively serious and to warrant the involvement of the courts. If you do not attend the court hearing or contact the court in writing prior to the hearing to arrange an adjournment, you will likely be convicted in your absence and the fine will be posted out to you.

The maximum penalty for a disorderly conduct charge is 12 months imprisonment and a fine of $12,000. Most disorderly conduct charges result in a fine and will result in the court entering a criminal conviction on your record unless the court grants a spent conviction order.

Can I obtain a spent conviction order?

If the matter is dealt with in court and you are convicted of the offence, you will need to make an application for a spent conviction to avoid the offence being recorded onto your criminal record. A spent conviction order expunges the conviction from your record, this means that the conviction does not appear on your national police clearance. However, the conviction will still appear on the version of your record used by Police and the courts. To obtain a spent conviction order you must satisfy the court that:
Either:
(a) you are of prior good character; or
(b) the nature was trivial in nature;
And
(c) you are unlikely to commit a similar offence in future;
(d) You should be immediately relieved of the adverse affect that a criminal conviction would have upon you in future having regard to matters such as the circumstances of the offence, your personal circumstances, the impact upon your prospects of rehabilitation and the balance of the public interest.

Can I appeal a disorderly conduct conviction or sentence?

Yes, you have 28 days from the date of sentencing to file an appeal in the Supreme Court. In order to succeed at an appeal hearing, you must demonstrate that the Magistrate made an error either in finding you guilty or in determining the sentence and that the error occasioned a substantial miscarriage of justice. See our appeals page for more information.

How can Andrews Legal assist with a disorderly conduct charge?

We can provide you with legal advice regarding your prospects of successfully defending the charge including an assessment of the prosecution evidence and the strength of the prosecution case and your prospects of succeeding at trial. We can advise you regarding potential defences in your case. We would prepare your matter for trial, obtaining evidence from you and from potential defence witnesses. We can represent you at trial, sentencing or in an appeal.

If you have been charged with Disorderly Conduct click the ‘contact us’ tab to book a special discounted initial consultation for 45 minutes ($190). We provide straightforward and dependable legal advice, forceful representation and our fees are highly competitive.

Read more about disorderly conduct.