Charged language
any public highway road street bridge footway footpath court alley passage or thoroughfare notwithstanding that it may be formed on private property.‘Public place’ is defined in the Act as: 2
To satisfy the first element of this offence the accused person must be in a public place or within eyeshot or earshot of another person who is in a public place. The accused person engaged in obscene, indecent or threatening language or behaviour.Įlement 1: The accused person was in or near a public place or within eyeshot or earshot of another person in a public place.The accused person was in or near a public place or within eyeshot or earshot of another person in a public place.The police must satisfy two elements to satisfy this charge:
The relevant legislative provision for Obscene, Indecent, Threatening Language and Behaviour in Public is section 17 of Summary Offences Act 1966 (Vic) (the Act). For the purposes of subsection (1)(d), behaviour that is indecent offensive or insulting includes behaviour that involves a person exposing (to any extent) the person’s anal or genital region. behaves in a riotous indecent offensive or insulting manner.uses profane indecent or obscene language or threatening abusive or insulting words or.writes or draws exhibits or displays an indecent or obscene word figure or representation.Any person who in or near a public place or within the view or hearing of any person being or passing therein or thereon.The legal definition for this offence is: 1 What is the legal definition of Obscene, Indecent, Threatening Language and Behaviour in Public? Graffitiing a public wall with pornographic imagery.Streaking (running naked across the playing field) during a public football game.Mooning (displaying one’s buttocks) at a public football game.This charge is heard in the Magistrates’ Court.Įxamples of Obscene, Indecent, Threatening Language and Behaviour in Public Sentencing Sentencing in the higher courts of Victoria Sentencing in the Magistrates’ Courts of Victoria Which court will the case be heard in? Our lawyers are experienced in obtaining favourable sentencing outcomes. We will support and assist you each step of the way.
#Charged language how to#
We know how to ensure you receive the best possible sentence if you decide to plead guilty to obscene, indecent, threatening language and behaviour in public, and will support you in gathering relevant material in advance of the court date.
We regularly represent people charged with this offence in court at contested hearings. If you decided to plead not guilty to obscene, indecent, threatening language and behaviour in public, we can assist you in defending the charge. It is best you contact our office to arrange and speak with one of our lawyers about your rights and options before you answer any questions. It is important you understand that the Police have often already decided to charge people before the interview, and have gathered evidence that outline the allegations. If the Police accuse you of using Obscene, Indecent, Threatening Language and Behaviour in Public, they will normally conduct a field interview where they will speak with you on the spot. Have you been accused of Obscene, Indecent, Threatening Language and Behaviour in Public? We can help you navigate the Court process.