OFFENSIVE LANGUAGE and OFFENSIVE CONDUCT - LEAVING LICENSED PREMISES - DISMISSSED WITH COSTS

Published 12 Sep 2011

CASE STUDY – Offensive Language

The Facts: A young man left a hotel at the Rocks shortly after midnight on a Monday. He was intoxicated and stood near a police bus with tinted windows parked outside a police station, extended his third finger and said “you’re fucked” in a voice loud enough for the ten or so officers on the bus to take action

The Result: The charge was dismissed with costs. There was significant publicity; consideration of an appeal by the Director of Public Prosecutions; criticism by the Police Commissioner; discussion on talk back radio etc.

The magistrate was attacked by those ignorant of the law.The media loved it.

There was no appeal. The law has not changed. The law correctly applied by the learned Magistrate still applies today. Would the other pub-goers have been offended? Hardly.

Hopefully the reasonable person and the reasonable police officer have broad shoulders and thick skin – particularly police officers who come into contact with persons and such language frequently.

Offensive Language prosecution can be a tool improperly used by police to silence the impolite or disrespectful. Those who are socio-economically disadvantaged are easy targets.

If you need advice from a criminal lawyer, contact one of our criminal law specialists immediately at our Parramatta or Sydney office.