Public Order Offences – VIC

Welcome to the VIC Persons found drunk and disorderly article page. Everything you need to know about Persons found drunk and disorderly according to VIC law.

What the Law States according to VIC Law for Persons found drunk and disorderly

According to VIC Law for the charge of Persons found drunk and disorderly,

Summary Offences Act 1966 – SECT 14
Persons found drunk and disorderly

14. Persons found drunk and disorderly

Any person found drunk and disorderly in a public place shall be guilty of an offence.

The Maximum Penalty – Persons found drunk and disorderly

According to VIC Law for the charge of Persons found drunk and disorderly:

For a first offence: 1 penalty unit or 3 days imprisonment

For a second or subsequent offence: 5 penalty units or imprisonment for one month

What the Police must prove according to VIC Law for Persons found drunk and disorderly

(a) The accused was drunk.
(b) The accused behaved in a disorderly manner.
(c) The accused was in a public place.

Possible Defences under VIC Law – Persons found drunk and disorderly

(a) Duress
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Identification dispute
(e) Lack of intent
(f) Mental impairment

In VIC which court will hear the matter – Persons found drunk and disorderly

Magistrates’ Court

 

Date: 09/01/2009