Your options
Plead not guilty
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- You conducted yourself in an offensive manner
- 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:
