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Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

  1. You conducted yourself in an offensive manner
  2. In or near, or within view or hearing from, a public place or a school.

It is a defence to this offence if you satisfy the court that you had a reasonable excuse for conducting yourself in the manner alleged. There is a large body of law as to what is and what is not offensive conduct.

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.

The offence of offensive conduct carries a maximum penalty of $660.00 and/or 3 months imprisonment. This is an offence that is often dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty and you will have no criminal record. To find out more about a section 10, click here.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Our client was charged with offensive conduct, offensive language and resisting arrest following a altercation with police in Kings Cross. The entire incident was captured on CCTV and it was clear from the footage that she had committed the offences. Out client was a nurse and was worried about the effect a conviction would have on her career. Our solicitor argued that as a first time offender, the client should be given a second chance to maintain her good reputation. He further submitted a family tragedy had occurred in the weeks leading up to her arrest that when combined with the alcohol was likely to have contributed to her behaviour on the night. The Magistrate accepted that the client became uncharacteristically drunk to an extent that it overwhelmed her and the extent of intoxication was out of character. It followed that all matters were dismissed, without conviction, pursuant to section 10 of the Crimes (Sentencing Procedure) Act.