Misunderstood Crimes in NSW: Everyday Actions That Are Actually Illegal

Many people are surprised to learn that some everyday actions in New South Wales (NSW) are not just frowned upon—they’re criminal offences. What seems harmless or trivial in daily life can, under NSW law, lead to fines or even imprisonment. We will explore six commonly misunderstood actions and explain the laws behind them.

1. Offensive Conduct & Language in Public

It may seem like swearing in frustration or acting rudely in public is just poor manners. However, under Section 4A of the Summary Offences Act 1988 (NSW), using offensive language in or near a public place or school is a criminal offence. Similarly, offensive conduct such as public urination, aggressive behaviour, or disruptive antics can also be prosecuted.

Penalties: Up to 6 penalty units (about $660) or even imprisonment for repeat or aggravated cases.

Why is this law important? Offensive conduct and language laws are designed to maintain public order and protect members of the community from harassment or abuse. Even words spoken in the heat of the moment can create unnecessary conflict and distress in public spaces. For example, a verbal outburst directed at a police officer may quickly escalate into a criminal charge.

2. Misunderstanding Assault Without Physical Contact

Many believe assault requires actual physical harm. But under NSW law, assault includes any act causing another person to fear immediate unlawful violence, even without physical contact. For example, raising a fist, aggressively blocking someone’s path, or making a threatening gesture can constitute assault.

Penalties: Vary depending on the severity, but common assault carries up to 2 years’ imprisonment.

This broad definition exists to deter intimidation and protect individuals from threats of violence. The key element is whether the victim reasonably feared imminent harm. This means even if no injury occurs, the threat itself may be enough for police to lay charges. Situations in heated arguments, road rage incidents, or domestic disputes often lead to such misunderstandings.

3. Recording Conversations Without Consent

In the smartphone era, recording conversations seems normal. But in NSW, it’s mostly illegal under the Surveillance Devices Act 2007 (NSW). Unless all parties consent—or one party records for the protection of lawful interests—it’s an offence to record or share a private conversation.

Penalties: Up to 5 years’ imprisonment and heavy fines.

This law protects individuals’ privacy and prevents misuse of personal information. Many people mistakenly believe that “as long as I’m in the conversation, I can record it.” That is incorrect under NSW law. Exceptions exist only when the recording is necessary for protecting lawful interests—for example, gathering evidence of threats or blackmail.

4. Releasing Balloons in Bulk

Balloon releases may look festive, but they’re a criminal offence in NSW when done in bulk. Under Section 146E of the Protection of the Environment Operations Act 1997 (NSW), releasing 20 or more gas-filled balloons at once is prohibited.

Penalties: Up to $1,100 for releasing 20+ balloons, with harsher penalties if 100 or more are released.

The reason behind this law is environmental protection. Balloons, once released, often end up in waterways and oceans, posing significant threats to wildlife. Animals can mistake burst balloons for food or become entangled in the strings, leading to injury or death. What might seem like a fun party tradition can cause long-lasting environmental harm.

Learn more at the NSW EPA website. Environmental laws are serious in NSW, and breaches can carry unexpected criminal liability. LY Lawyers can assist if you are charged under environmental or public order offences.

5. Picking Flowers from Public or Private Properties

Picking a flower might seem like an innocent act, but under Sections 140 and 520 of the Crimes Act 1900 (NSW), it can amount to larceny. That means taking flowers, plants, or shrubs from someone else’s garden—or even public land—can technically be theft.

Penalties: Up to 6 months’ imprisonment or fines.

The law treats flowers as property belonging to either the Crown or the individual landowner. Removing them without permission is considered stealing. While police may not often enforce this in minor cases, the fact remains that it is a criminal act under NSW law. This is especially true for plants from national parks or protected lands, where stricter conservation rules apply.

6. Carrying or Displaying a Knife Without Reason

Carrying a pocketknife might seem harmless, but in NSW it is a crime to carry a knife in public or at a school without a reasonable excuse. Under Section 93IB of the Crimes Act 1900 (NSW), a person can face serious penalties for possession, and Section 93IC makes it an offence to visibly carry a knife in a threatening manner.

Penalties: Up to 2 years’ imprisonment and/or fines up to $11,000. For aggravated situations (e.g., intent to intimidate), penalties increase to 4 years.

The law aims to prevent knife-related violence, which can occur even when people initially believe they are carrying a knife for “self-defence.” In fact, self-defence is not recognised as a “reasonable excuse” under NSW law. Acceptable excuses may include occupational needs (e.g., chefs, tradesmen) or participation in lawful recreation such as fishing.

It’s Essential to Understand Laws

These examples highlight that not everything that “feels” harmless is legally acceptable in NSW. Everyday actions—swearing in public, recording conversations, or even picking flowers—can result in criminal charges. The law often seeks to balance personal freedoms with public safety, privacy, and environmental protection.

Fresh FAQs on Misunderstood Crimes in NSW

1. Why is offensive language criminalised in NSW?
   Because offensive words in public can escalate tensions and disturb public order. The law prioritises community safety over free expression in these contexts.
2. Can carrying a knife for “self-defence” ever be lawful in NSW?
   No. NSW law does not accept self-defence as a reasonable excuse for knife possession. Only specific uses like work or sport are allowed.
3. If I record a conversation for personal reference, is that legal?
   Not usually. Unless it falls under exceptions in the Surveillance Devices Act, private recordings without consent can be criminal.
4. Why does NSW ban balloon releases?
   Because they contribute to long-term environmental damage. Wildlife often mistake balloon remnants for food, leading to injury or death.
5. Is picking flowers from a neighbour’s garden really theft?
   Yes. The law defines it as larceny since you’re taking property without permission, regardless of value.
6. Can a verbal threat alone be considered assault?
   Yes, if it causes the victim to reasonably fear immediate harm. Assault is not limited to physical acts in NSW law.

If you’ve been charged with any offence in NSW, no matter how trivial it seems, expert legal advice is essential. With expertise in many cases of criminal offences, LY Lawyers Sydney can help you assess your risk, and build a strong defence:

• Available 24/7 for urgent legal advice
• Offices in Sydney CBD, Parramatta, Liverpool, and beyond
• Proven record of defending several types of criminal offences

Contact LY Lawyers today for confidential consultation!