Offensive Language

Our expert criminal lawyers for offensive language offences can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Offensive Language

Offensive language is one of the least serious criminal charges and police often charge it unnecessarily. Merely swearing in the presence of, or at, police will rarely amount to offensive language because the courts have recognised that exposure to swearing and some verbal abuse is part of the daily reality for police.

Our criminal lawyers frequently have this charge dismissed by way of not guilty verdict or by way of a section 10, meaning no conviction is recorded and our clients have no criminal record.

What is an Offensive Language Offence?

Offensive Language is dealt with in Section 4A of the Summary Offences Act 1988.  The Act makes it an offence to use offensive language in or near or within hearing distance from a public place or school.    

Offensive language consists of behaviour calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person. In determining whether the offence of offensive language has been committed, the relevant question is whether, if there had been an ordinary, reasonable person in the street at the relevant time, that person could have seen and been offended by your conduct. The reasonable man is not thin-skinned.

Pleading not guilty

You will be found not guilty of the offence of offensive language if the police cannot prove beyond a reasonable doubt the following elements:

1. You used offensive language; and
2. Within hearing from a school or a public place.

You can read more information about pleading not guilty here.

It is a defence to offensive language if you satisfy the court that you had a reasonable excuse for conducting yourself in the manner alleged.

Pleading Guilty

If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Alternatively, one of our experienced solicitors may be able to negotiate with the prosecutors to have you plead guilty to less serious facts or to a less serious charge.

If you are found guilty of Offensive Language, you are likely to receive a fine.  The maximum penalty is 6 penalty units ($660) and/or 3 months imprisonment. 

The Summary Offences Act also states that when imposing penalties for this offence, the court may consider a number of alternative punishments. 

Our solicitors have a proven track record of having offensive conduct charges dealt with by way of section 10, meaning no conviction will be recorded, and you will have no criminal record.

You can read about all the sentencing options that a court has, including having no conviction recorded.

You can read more about pleading guilty here.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat your offensive language charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Source:

Summary Offences Act 1988 No 25, Part 2, Division 1, Section 4A
Current version for 15 March 2022 (accessed 7 March 2022 at 14.35) https://legislation.nsw.gov.au/view/html/inforce/current/act-1988-025

This information is intended as a general guide to law only.  It should not be relied on as legal advice, and it is recommended that you speak with a qualified lawyer about your situation.

Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group makes no warranties or representations as to its accuracy.