Charge

Disorderly behaviour

Law

A person who, in a public place or a police station, behaves in a disorderly or offensive manner; or fights with another person; or uses offensive language; or disturbs the public peace, is guilty of an offence.

Disorderly or offensive behaviour includes riotous, threatening, abusive or insulting behaviour, for example, being abusive to others in the street or smashing beer bottles on the road.

Public place includes places with free access to the public, or which the public are addmitted to on payment of money, or roads, streets, thouroughfares etc that the public are allowed to use, even if they are on private property, and for the purpose of this section of the Summary Offences Act 1953 (SA), also includes any licensed premises or a ship or vessel.

Maximum Penalty

Maximum penalty : $1 250 or 3 months imprisonment.

Penalty Received

No conviction. $500.00 fine plus court costs and a prosecution levy.

Circumstances

Our client was a passanger in a taxi, when he informed the taxi that he had lost all of his money, and needed to go inside his premises to get money or a bank card to pay for the journey. The taxi driver telephoned the police when our client’s pin number did not work. The police issued our client with an on the spot fine for failing to pay the fare. The client became upset and irate and was subsequently arrested by police for disorderly behaviour.

Do You Need Assistance?

Our skilled lawyers at Caldicott Lawyers are experts in defending affray/disorderly behaviour offences.

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Reference: 1500061