THE CRIMINAL OFFENCE OF OFFENSIVE LANGUAGE

The criminal offence of offensive language is a summary offence that can have serious consequences, including a criminal conviction. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of offensive language.

If you or anyone you know have been accused or charged with the criminal offence of offensive language, contact our award-winning team of specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation.

WHAT IS THE CRIMINAL OFFENCE OF OFFENSIVE LANGUAGE?

Section 4A of the Summary Offences Act 1988 (NSW) constitutes it a criminal offence for a person to use offensive language in or near, or within hearing from, a public place or a school.

A public place for the purposes of this criminal offence refers to a place or a part of premises that is open to the public, or is used by the public, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school.

A school for the purposes of this offence refers to:

A government school or a registered non-government school within the meaning of the Education Act 1990, and:
A school providing education (whether secular or religious) at a pre-school or infants’ school level or at a primary or secondary level, and
A place used for the purposes of an establishment commonly known as a child-minding centre or for similar purposes, and
The land, and any building, occupied by or in connection with the conduct of such a school or place.

A school does not include any such building that is occupied or used solely as a residence or solely for a purpose unconnected with the conduct of such a school or place.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF OFFENSIVE LANGUAGE?

Section 4A of the Summary Offences Act 1988 (NSW) prescribes a maximum penalty of a $660 fine for anyone convicted of the criminal offence of offensive language.

Other penalties available for a conviction of the criminal offence of offensive language include a Conditional Release Order with conviction and Conditional Release Order without conviction.

CAN I GO TO JAIL FOR THE CRIMINAL OFFENCE OF OFFENSIVE LANGUAGE?

No, the penalty of imprisonment is not available to the Court for a conviction of the criminal offence of offensive language.

DEFENCES TO A CHARGE OF OFFENSIVE LANGUAGE

Defences available to a person charged with the criminal offence of offensive language include, but are not limited to:

Were not in or near, or within hearing from, a public place or a school.
Language was not offensive.
Mistaken identity.
Duress
Necessity

A successful complete defence will result in an acquittal.

Contact Criminal Lawyers Group now for a free assessment of the defences available to you.

MR MERCAEL SECURES ACQUITTAL FOR CLIENT CHARGED WITH OFFENSIVE LANGUAGE

Mr Steven Mercael, Principal and award-winning criminal lawyer at Criminal Lawyers Group, secured another Not Guilty verdict for a client who had been charged with the criminal offence of offensive language.

The client had been accused of screaming offensive language at a local pub.

Mr Mercael successfully argued to the Court that whilst his client had screamed the words, which included swear words, an analysis of the context in which the words were said demonstrated that the language was not offensive in nature.

This result is among the latest of a continuous record of successful Not Guilty verdicts achieved by Mr Mercael and Criminal Lawyers Group, who were recently awarded the titles of Best Criminal Lawyers in Sydney and NSW.

CONTACT CRIMINAL LAWYERS GROUP NOW

If you or anyone you know have been accused or charged with the criminal offence of offensive language, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of offensive language.