Can I avoid a criminal record for Behaving in an Offensive Manner?

Yes, it is possible to avoid a conviction for offensive conduct. However, the likelihood of this outcome depends on the circumstances of the offence, the seriousness and your subjective circumstances.

Most offenders will receive a fine or Conditional Release Order.

Will I go to jail?

The maximum penalty is a fine of $660 or 3 months imprisonment. In other words, it is possible to go to jail. However, this only applies to serious examples of this offence.

Generally, most offenders will not go to jail.

Examples of Behaving in an Offensive Manner

Examples of offensive conduct can include:

• Yelling
• Swearing
• Urinating
• An aggressive or rowdy group
• Pushing and shoving

However, what is “offensive” depends on community standards. You should obtain legal advice before pleading guilty to this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Behaved in an offensive manner
2. In, near or within view of hearing from a public place or school

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.