In Western Australia, the law provides that a person who behaves in a disorderly manner in a public place or in sight or hearing of any person who is in a public place or in a police station or lock-up is guilty of an offence. The use of threats, insults or offensive language and behaving in an insulting, threatening or offensive manner is deemed to be ‘disorderly behaviour’
What is the penalty for Disorderly Conduct?
The maximum penalty is a fine of $6,000.00
I own an establishment where someone was disorderly - can I be fined?
Under the law, a person who has the control or management of a place where food or refreshments are sold to or consumed by the public and who permits a person to behave in a disorderly manner in that place is guilty of an offence and is liable to a fine of $4,000.00.
Are there possible Defences for Disorderly Conduct?
Yes, it is important that you get advice as soon as you are aware of the potential charges, as there are possible defences for this charge such as identification, insanity and duress.
In which Court would Disorderly Conduct be heard?
The matter would be heard in the Magistrate’s Court.
What is an Indecent Act in Public?
If a person does an indecent act in a public place or in sight of any person who is in a public place or in a police station or lock-up is guilty of an offence.
Which Court is this matter heard in?
This is an ‘either-way’ offence meaning that it can be dealt with in either the Magistrates Court or the District Court depending on several factors. The offence is most often dealt with in the Magistrate’s Court. However, if the act is particularly serious, or if the offender is also facing other charges which are dealt with in the District Court, then the Prosecution may make an application for the indecent act charge to be committed to the District Court.
If the matter is dealt with in the Magistrates Court, the maximum penalty for the charge is 9 months imprisonment and a fine of $9,000. If it is dealt with in the District Court, the maximum penalty is 2 years imprisonment.
There are possible defences for this charge such as identification, the act was not in public, the act was in the best interest of the public, insanity and duress.
At Butlers we would help you navigate the charge to achieve the best possible outcome.
Are there any Defences for Indecent Acts in public?
Yes, there are, and early advice from an experienced Lawyer is essential. Possible defences are;
Identification (ie. the person accused is not the person who did the act);
The act was not in public or able to be seen by people in public;
The act was not indecent;
The doing of the act was in the best interest of the public (this is a question of fact);
What is the law in WA for Trespass?
According to WA Law the charge of Trespass states that a person who, without lawful excuse, trespasses on a place, is guilty of an offence.
“Trespass” on a place is defined in the Criminal Code to mean:
to enter or be in the place without the consent or licence of the owner, occupier or person having control or management of the premises;
to remain in the place after being requested by a person in authority to leave the place; or
to remain in the part of the place after being requested by a person in authority to leave that part of the place.
What is the maximum penalty for Trespass?
The maximum penalty is 12 months imprisonment and a fine of $12,000.
Which Court will hear the matter of Trespass?
The matter would be heard in the Magistrates Court.
Are there any defences for Trespass?
Yes, and early advice from one of our experienced Lawyers is essential. The possible Defences include:
there was consent;
a person in authority had not asked the person to leave the premises;
there was a lawful excuse to be there;
the honest claim of right;
the mistake of fact (but the mistake of law is not a defence); and
identification (ie. the person accused is not the person who trespassed).