There are a number of offences under the Summary Offences Act 1988, two that our client’s often find themselves facing are Offensive conduct & Offensive language.
So what’s “offensive” at law?
For your conduct or language to be offensive at law it must, be calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person. Your conduct must also be placed in the context of all the surrounding circumstances.
In relation to both offenses, but particularly offensive language it must be remembered that community standards change over time. For example, the use of the word “fuck” was once almost always considered offensive but, today the word is far more extensively used in pop culture and our regular vernacular. The court’s have not taken a consistent approach to the use of the word, but we have seen numerous examples of people charged with using offensive language to later have their charges dismissed. Offensive conduct is also often used as a ‘catch all charge’ or to try and justify a questionable exercise of police powers.
Offensive conduct
This is an offence too frequently used and often misunderstood, a successful response to this charge may result in an acquittal or significantly lessen any penalty.
What do the police need to prove “offensive conduct”?
- That you conducted yourself in an “offensive manner”;
- in, near, or within view or hearing from a public place or school.
- however, using offensive language alone does not amount to offensive conduct.
Offensive language
Thomas Jefferson said “The most valuable of all talents is that of never using two words when one will do” Unfortunately, sometimes using the one word “Fuck” or several other words, will wrongfully see you charged with “offensive language.”
What do the police need to prove “offensive language”?
- That you used “offensive language”;
- in, near, or within view or hearing from a public place or school.
Are there any specific defences?
As with every crime the prosecution need to prove every element of these offences beyond reasonable doubt and all criminal defences are available to you.
One specific statutory defence available to you is, if you can satisfy the court you “had a reasonable excuse” for conducting yourself in the manner alleged (if that be conduct or language or both). A “reasonable excuse” is not a lawful excuse, but what amounts to a “reasonable excuse” will depend on the particular circumstances of your case. That’s why it’s important to see an experienced criminal lawyer.
Why choose Josh and James at McKenzie McLoughlin Law?
All too frequently people plead guilty to offensive conduct or language, in circumstances where the charge could have been successfully defended. Don’t let your colourful language or passionate nature result in a criminal conviction. Community standards change over time and importantly whatever was actually done or said must be placed in context, a police fact sheet may only tell a small part of the story when these charges are brought, let us help you tell the whole story.
As former prosecutors we have seen many examples of these charges being incorrectly brought against defendants & dismissed. We can not only quickly identify and advise you your prospects of defending these charges, but we also know from experience the ‘colourful language’ police use daily while going about their job, let that knowledge work to your advantage.