PUBLIC ORDER OFFENCES

PUBLIC ORDER OFFENCES, AFFRAY AND RIOTING.

Public order offences involve violent, threatening, or disruptive behaviour in public places. These offences can range from charges of Violent Disorder (Riot) (section 195I Crimes Act 1958) and Affray (section 195H Crimes Act 1958) to failing to comply with a Move On Direction (section 6 Summary Offences Act 1966), Disorderly Conduct (section 17A Summary Offences Act 1966) and using Obscene, Indecent, or Threatening Language (section 17 Summary Offences Act 1966) . Depending on the severity of the charge, cases may be heard in the Magistrates’ Court or County Court, with penalties including fines and imprisonment.

Lesser offences, such as Offensive Behaviour or Disorderly Conduct, are usually heard in the Magistrates’ Court, however serious offences, such as Affray or Riot, can be prosecuted in the County Court and result in significant jail terms

PROOF, PENALTIES & DEFENCES.

Assault Emergency Worker.

The prosecutor has to prove that there was an assault and you knew or was reckless as to whether the person was an emergency worker when you assaulted or threatened to assault them; and that person was on duty at the time.

Defences:

That the person was not an emergency worker;
That the person was not on duty;
All the defences available for the offence of Assault.

Penalties:

s51(2) Summary Offences Act 1966: Fine up to $9,900; or maximum 6 months jail.
s31(1)(b)Crimes Act 1958: Maximum 5 years jail.

Injure or seriously injure an Emergency Worker.

Injuries to emergency workers carry mandatory jail terms under section 10AA of the Sentencing Act 1991 unless you can satisfy a court that a “special reason” exist under section 10A of the Act.

To enliven this provision, the prosecutor must prove that you intentionally or recklessly caused an injury or caused a serious injury and that the person was an emergency worker on duty.

Defences:

That the person was not an emergency worker;
That the person was not on duty;
All the defences available for the offences of Causing Injury or Causing Serious Injury.

Penalties:

s16 Intentionally Cause Serious Injury: Minimum 3 years jail.
s17 Recklessly Cause Serious Injury: Minimum 2 years jail.
s18 Intentionally or Recklessly Cause Injury: Minimum 6 months jail.

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