Public Order Offences – VIC

Welcome to the VIC Public nuisance article page. Everything you need to know about Public nuisance according to VIC law.

What the Law States according to VIC Law for Public nuisance

According to VIC Law for the charge of Public nuisance:

This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.

If you look at what must be proved that is basically what the law is in relation to this charge.

There is then a lot of case law that explains this law in greater detail.

The Maximum Penalty – Public nuisance

According to VIC Law for the charge of Public nuisance, 5 years.

What the Police must prove according to VIC Law for Public nuisance

(a) The accused did an act not authorised by law or failed to discharge a legal duty.

(b) The act either endangered the life, health, property, morals, or comfort of the public, or obstructed the public in the exercise of legal rights.

Possible Defences under VIC Law – Public nuisance

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

In VIC which court will hear the matter – Public nuisance

County Court

 

Date: 09/01/2009