Have you been charged with Public Nuisance?
If the answer is yes, you will need the services of a specialist criminal lawyer. Public Nuisance is a common law offence which, if you are found guilty, attracts a maximum penalty of 5 years in prison. There are many questions you and your lawyer need to carefully consider before you come before a Court, including:
Can the Prosecution make out their case? Did your actions endanger other people? Did your actions prevent other people exercising their legal rights? Did you act alone, or are you being charged as a co-accused?
Read on for further information on Public Nuisance.
The offence
As a common law offence, Public Nuisance is not contained in the legislation.
The prosecution must prove:
- The defendant committed an act not authorised by law or failed to discharge a legal duty; and
- Endangered the life, health, property, morals, or comfort of the public; or
- Obstructed the public in the exercise of legal rights
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Public Nuisance cases will usually only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange a time to see an experienced criminal lawyer urgently.
Preparation is critical to achieving a favourable outcome in relation to any matter. Don’t leave it to the last minute.
If you have been charged with Public Nuisance make an appointment to see one of our experienced lawyers today.
The legislation
Section 320 of the Crimes Act prescribes the penalty but not the charge itself. The charge is contained in the common law.
