Public Order Offences – VIC

Welcome to the VIC Drunkards behaving in riotous or disorderly manner article page. Everything you need to know about Drunkards behaving in riotous or disorderly manner according to VIC law.

What the Law States according to VIC Law for Drunkards behaving in riotous or disorderly manner

According to VIC Law for the charge of Drunkards behaving in riotous or disorderly manner:

Summary Offences Act 1966 – SECT 16
Drunkards behaving in riotous or disorderly manner

16. Drunkards behaving in riotous or disorderly manner

Any person who, while drunk-

(a) behaves in a riotous or disorderly manner in a public place;

(b) is in charge, in a public place, of a carriage (not including a motor vehicle within the meaning of the Road Safety Act 1986) or a horse or cattle or a steam engine-

shall be guilty of an offence.

Penalty: 10 penalty units or imprisonment for two months.

The Maximum Penalty – Drunkards behaving in riotous or disorderly manner

According to VIC Law for the charge of Drunkards behaving in riotous or disorderly manner, 2 months imprisonment or 10 penalty units.

What the Police must prove according to VIC Law for Drunkards behaving in riotous or disorderly manner

(a) The accused was drunk and behaved in a riotous or disorderly manner in a public place.
(b) Alternatively, the accused was drunk, in charge of a carriage, horse, cattle or a steam engine and was in a public place.

Possible Defences under VIC Law – Drunkards behaving in riotous or disorderly manner

(a) Duress
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Identification dispute

In VIC which court will hear the matter – Drunkards behaving in riotous or disorderly manner

Magistrates’ Court

 

Date: 09/01/2009