Accused or charged with disorderly behaviour?

Disorderly behaviour is defined under section 7 of the Summary Offences Act 1953 (SA). It includes:

• Behaving in a disorderly or offensive manner
• Fighting in public or in a police station
• Using offensive language in public or in a police station

This conduct must occur in a public place, which includes licensed premises and certain private property accessible to the public.

The maximum penalty is either a $1,250 fine or three months’ imprisonment. This applies to all forms of disorderly conduct, including fighting and offensive language under section 7(1)–(2).

Examples may include:

• Verbally abusing strangers in the street
• Smashing bottles on public roads
• Threatening behaviour at a nightclub
• Fighting at a football match
• Screaming profanities in front of a police station

“Disorderly” includes riotous behaviour; “offensive” includes threatening, abusive or insulting behaviour.

It may be a defence to the charge if you:

• lacked the necessary intent;
• acted in self-defence; or
• acted in defence of another.

Honest and reasonable mistake of fact (Proudman vs Dayman Defence)

If you genuinely believed that your behaviour was not disorderly, and it was reasonable for you to hold that belief then you may have a defence to this charge.

Duress

It is a complete defence to the charge of disorderly behaviour if we can show that you were acting under duress. That is, you were acting as a result of violence, or some other threat against you. You will have a defence to this charge if we can demonstrate that you were coerced into the act by a third party, effectively rendering you an instrument of someone else’s criminal conduct.

Necessity/Emergency

The common law defence of necessity operates where the circumstances at hand (natural or human threats) require you to break the law in order to avoid even more dire consequences. There is, thus, some overlap with the defence of duress. It will need to be shown that you believed on reasonable grounds that you were placed in a situation of imminent peril. You may have a medical justification, or it may be the case that you were acting in the course of protecting yourself or someone else.

Essentially, the Court will need to weigh up the act you have committed, against the harm you would have experienced had you not acted in that manner. The Court will also need to be convinced that the act was proportionate to the potential harm.

Mental Impairment

The law recognises that, in some cases, people will not be capable of evaluating the nature and quality of their conduct or more categorically, they will not know what they are doing is wrong. If it can be shown that you were suffering from some sort of mental disease, disorder or disturbance, as distinguished from a mere lack of self-control or impulsiveness, then you may have a defence to this charge.

Mental impairments may be either permanent or non-permanent and may include disorders such as:

• Schizophrenia
• Hyperglycaemia
• Psychomotor epilepsy
• Cerebral arteriosclerosis

A public place includes:

• Roads, streets, footpaths and thoroughfares
• Public transport and stations
• Venues open to the public (e.g. bars, clubs, cafes)
• Licensed premises under the Liquor Licensing Act 1997 (SA)
• Ships or vessels in harbours or rivers

Even privately owned property can be considered public if the public has general access.

Yes. Using offensive language in a public place or police station — such as swearing or making abusive comments — may constitute an offence under section 7(1)(c).

Prosecutors must prove that:

• Your conduct was disorderly or offensive;
• You were in a public place or police station;
• You intended to act in that way or were aware of your behaviour.

Intent is a key element — your actions must be deliberate, not accidental.

Yes — if the area is accessible to the public (like a pub, licensed club, or private driveway open to the public), it may be deemed a public place under the Summary Offences Act 1953 (SA).

This common law defence applies if you held a genuine and reasonable belief that your actions were not disorderly or offensive. For example, if you thought a venue was private or your behaviour was culturally acceptable, and it was reasonable to hold that belief.

Being drunk is not a legal defence, but may be relevant in assessing intent or voluntariness. However, if intoxication leads to lack of awareness, this might reduce culpability.

Yes. It is a criminal summary offence. If convicted, it will appear on your criminal record, potentially affecting employment, travel, and licensing.

Disorderly behaviour is a summary offence and will be heard in the Magistrates Court of South Australia.

• Disorderly behaviour involves individual acts like offensive language or fighting.
• Violent disorder (under section 6A) involves three or more people using or threatening violence.

Violent disorder is more serious, with a maximum penalty of 2 years imprisonment or $10,000 fine.