Public Order Offences – VIC

Welcome to the VIC Disturbing religious worship article page. Everything you need to know about Disturbing religious worship according to VIC law.

What the Law States according to VIC Law for Disturbing religious worship

According to VIC Law for the charge of Disturbing religious worship:

Summary Offences Act 1966 – SECT 21
Disturbing religious worship

21. Disturbing religious worship

(1) Any person who wilfully and without lawful justification or excuse, the proof of which lies on him, disquiets or disturbs any meeting of persons lawfully assembled for religious worship or assaults any person lawfully officiating at any such meeting or any of the persons there assembled shall be guilty of an offence.

Penalty: 15 penalty units or imprisonment for three months.

(2) A prosecution for an offence against this section shall be commenced within three months after the offence is committed.

The Maximum Penalty – Disturbing religious worship

According to VIC Law for the charge of Disturbing religious worship:

s21(1)- 15 penalty units or 3 months imprisonment

What the Police must prove according to VIC Law for Disturbing religious worship

(a) There was a meeting of persons lawfully assembled for religious worship.

(b) The accused wilfully and without lawful justification or excuse disquieted or disturbed such a meeting or assaulted a person lawfully officiating at the meeting or any person at the assembly.

Possible Defences under VIC Law – Disturbing religious worship

(a) Factual dispute
(b) Honest and reasonable mistake of belief
(c) Identification dispute
(d) Lack of intent
(e) Mental impairment
(f) Prosecution failed to commence legal proceedings within 3 months of the offence

In VIC which court will hear the matter – Disturbing religious worship

Magistrates’ Court

 

Date: 09/01/2009