What to do if I am accused of a crime?

If you are accused of a crime, it is important to stay calm and protect your legal rights from the outset. Do not speak to police or anyone else about the allegation, and do not make any statements or admissions, as anything you say may be used against you. You have the right to remain silent and should exercise that right until you have received legal advice. Contact an experienced lawyer as soon as possible, follow their advice carefully, and keep any documents or information that may be relevant to your case, as getting early legal guidance can significantly affect the outcome.

Should I plead guilty or not guilty?

Whether you should plead guilty or not guilty depends on the specific circumstances of your case and should only be decided after obtaining legal advice. You should not enter a plea until you have fully understood the charges, the evidence against you, and your available legal options. An experienced lawyer can review the facts of your case, advise you on the strength of the prosecution's evidence, explain the potential consequences of each plea, and help you make an informed decision that is in your best interests.

Is it possible to avoid a conviction for a first offence?

Yes, in some cases it may be possible to avoid a conviction for a first offence, depending on the nature of the charge, the circumstances of the offence, and your personal background. Courts may consider alternatives such as a dismissal, conditional release order, or other non-conviction outcomes, particularly where the offence is less serious and you have no prior criminal history. An experienced lawyer can assess your situation, present your case effectively to the court, and advise you on the best strategy to maximise your chances of avoiding a conviction.

Do you offer free consultation for criminal law matters?

Yes — we offer a free initial consultation for criminal law matters so you can discuss your situation, understand your options, and get clear legal guidance before deciding how to proceed, with no obligation to retain us.

Do you offer fixed fees?

Yes — we offer fixed-fee options for many criminal law services so you can have clarity and confidence about your legal costs upfront, avoiding unexpected fees and making it easier to budget for your defence.

How do I get a divorce?

In Australia, you can apply for a divorce once you have been separated from your spouse for at least 12 months and there is no reasonable likelihood of reconciliation. Divorce applications are made through the Federal Circuit and Family Court of Australia and can be filed jointly or by one party alone. You do not need to prove fault, but you must satisfy the court that proper arrangements have been made for any children under 18. While you can apply on your own, obtaining legal advice can help ensure the process is completed correctly and that your rights regarding property, finances, and parenting matters are properly protected.

How does family law court divide marital assets?

The family law court divides marital assets using a structured process rather than an automatic 50/50 split. The court first identifies and values all assets and liabilities of both parties, including property, superannuation, savings, and debts. It then considers each party's financial and non-financial contributions, such as income, caregiving, and homemaking roles, as well as future needs including age, health, earning capacity, and care of children. Finally, the court assesses whether the proposed division is just and equitable in all the circumstances.

How does the family law court make decision about the custody of children?

When making decisions about the custody of children, the family law court's primary consideration is the best interests of the child. The court assesses factors such as the child's safety, their relationship with each parent, each parent's ability to provide for the child's physical, emotional, and developmental needs, and the benefit of the child having a meaningful relationship with both parents where it is safe to do so. The court may also consider the child's views, depending on their age and maturity, as well as any history of family violence or neglect, before making parenting orders that best support the child's wellbeing.

What are common examples of public nuisance offences?

Common examples may include offensive language or behaviour, obstructing a public place or road, disorderly behaviour, excessive noise, public urination, indecent conduct, fighting or aggressive behaviour in public.

Where do public nuisance offences commonly occur?

Public nuisance allegations commonly arise near licensed venues, transport hubs, sporting events, residential areas and public gatherings where large groups of people are present.

What penalties can apply to a public nuisance offence?

Depending on the particular charge and circumstances, possible consequences may include a penalty notice, a fine, a Conditional Release Order, community-based sentencing conditions or, in more serious cases, imprisonment.

Can a public nuisance offence result in a criminal record?

Yes. If the court records a conviction, a public nuisance offence may form part of a person's criminal record. Whether a conviction is recorded depends on the charge, the person's history and the sentencing outcome.

Can I avoid a conviction for a public nuisance offence?

It may be possible for the court to deal with the matter without recording a conviction, including through a dismissal or a non-conviction Conditional Release Order. This outcome is not automatic and depends on the individual circumstances.

What defences may apply to a public nuisance charge?

Possible defence issues may include mistaken identity, lack of the required intention, lawful excuse, reasonable conduct, self-defence or relevant mental health or cognitive impairment considerations. The available defence depends on the particular offence and evidence.

Can self-defence apply to a public nuisance allegation?

Self-defence may be relevant where the alleged conduct occurred while the accused was protecting themselves or another person. Whether it applies depends on whether the response was believed to be necessary and was reasonable in the circumstances.

Can mistaken identity be a defence?

Yes. If police cannot prove beyond reasonable doubt that the accused was the person who committed the alleged conduct, mistaken identity may provide a defence.

Can mental health considerations affect a public nuisance case?

Mental health or cognitive impairment may be relevant to the defence, the way the case is managed or the sentencing outcome. The effect depends on the medical evidence and the circumstances of the alleged offence.

Should I speak to police about a public nuisance allegation?

You should obtain legal advice before participating in a police interview or making a detailed statement. Anything said to police may be recorded and used as evidence.

Can a public nuisance charge be withdrawn?

Depending on the evidence and circumstances, a lawyer may make representations to police or prosecutors seeking to have the charge withdrawn, amended or resolved in another way.

How can a public nuisance offence lawyer help?

A lawyer can review the police evidence, explain the charge and possible penalties, identify available defences, negotiate with prosecutors, prepare supporting material and represent the accused in court.

Does Krayem & Co Lawyers offer consultations for public nuisance charges?

Yes. Krayem & Co Lawyers offers consultations for people charged with public nuisance offences and can provide advice about the allegation, available options and court process.

Home > Public Nuisance Offences

Public Nuisance Offences

A public nuisance offence might seem like a minor issue on the surface, but being charged with one in New South Wales can carry real consequences. These types of offences often occur during moments of stress, celebration, or intoxication—and for many people, it’s their first experience dealing with police or the legal system.

At our law firm, we understand that life isn’t always black and white. People make mistakes, and sometimes a simple misunderstanding or lapse in judgement can lead to a criminal charge. That’s why we’re here—to guide you through the process, protect your rights, and help you move forward.

What is a Public Nuisance Offence?

In NSW, public nuisance offences are generally charged under the Summary Offences Act 1988 (NSW). These offences include a broad range of behaviours considered disruptive, offensive, or dangerous in public spaces. Common examples include:

Offensive language or behaviour in public,
Obstructing public places or roads,
Being drunk and disorderly in a public place,
Creating excessive noise, especially in residential or shared public areas,
Urination in public or other forms of indecent behaviour,
Fighting or aggressive conduct in public settings.

Public nuisance offences often occur near bars, transport hubs, sporting events, or during public gatherings—anywhere large groups of people come together.

Consequences of Public Nuisance Charges

Although these offences are usually considered summary offences (less serious than indictable offences), the impact on your record and reputation can be lasting. Depending on the nature of the offence and any previous history, consequences may include:

Fines: Some public nuisance offences carry on-the-spot fines, while others may require a court appearance.
Criminal record: A conviction, even for a minor offence, can result in a permanent criminal record.
Community service or conditional release orders: For repeat or more serious matters, the court may impose further conditions or supervision.
Imprisonment: In rare or aggravated cases, short-term custodial sentences may be imposed—especially if the offence involved violence or ongoing disruption.

Defending a Public Nuisance Charge

Many public nuisance cases have unique circumstances that deserve closer examination. You may have been wrongly identified, acting in self-defence, or simply caught up in a situation beyond your control. Our experienced lawyers will thoroughly investigate your case, explore all possible defences, and ensure that your side of the story is heard.

Potential legal defences include:

Lack of intent (no intention to cause disruption),
Mistaken identity,
Lawful excuse or reasonable behaviour,
Mental health or impairment considerations.

In some instances, it may be possible to seek a section 10 dismissal or conditional release order, meaning no conviction is recorded—even if you plead guilty.

Why You Should Seek Legal Advice Early

Public nuisance charges can escalate quickly if not addressed properly. What might start as a small issue can lead to serious consequences if handled without the right legal guidance. Seeking advice early gives you the best chance of avoiding a conviction and limiting long-term damage.

Frequently Asked Questions

What is a public nuisance offence in NSW?

Public nuisance offences can involve conduct occurring in or near public places that is alleged to be offensive, disruptive or contrary to public order. The particular offence and what the prosecution must prove will depend on the circumstances and the legislation under which the person is charged.

What is considered offensive conduct in NSW?

Offensive conduct generally concerns behaviour in or near a public place or school that is considered offensive in the circumstances. Whether conduct meets the legal threshold depends on the facts of the particular case and must be assessed according to the applicable law.

Is offensive language a criminal offence in NSW?

Using offensive language in or near certain public places may constitute an offence in NSW. However, not every instance of swearing or inappropriate language will necessarily establish an offence. The words used, surrounding circumstances and applicable legal test may all be relevant.

What is considered a public place in NSW?

Whether a location is legally considered a public place depends on the relevant legislation and circumstances. Public streets, parks and other places accessible to members of the public may fall within the definition. A lawyer can advise whether the location involved in an alleged offence satisfies the applicable legal requirements.

What must police prove for a public nuisance or offensive conduct charge?

The elements depend on the specific offence. The prosecution generally needs to establish each required element beyond reasonable doubt, which may include the alleged conduct, where it occurred and whether it met the applicable legal standard. The evidence and circumstances should be considered carefully before deciding how to respond to the charge.

What evidence may be used in a public nuisance case?

Depending on the circumstances, evidence may include:

Police statements
Police body-worn video
CCTV footage
Mobile phone recordings
Witness statements
Photographs
Statements allegedly made by the accused
Evidence concerning the location and surrounding circumstances

A criminal defence lawyer can review the prosecution material and identify factual or legal issues relevant to the charge.

What are the penalties for public nuisance offences in NSW?

Penalties depend on the particular offence, seriousness of the conduct, circumstances of the incident and the person’s criminal history. Possible outcomes can vary, so legal advice should be obtained about the specific charge rather than assuming that all public-order offences carry the same penalty.

What defences may be available to a public nuisance charge?

The available defence depends on the offence and circumstances. Issues may arise concerning whether the alleged conduct occurred, whether it satisfied the legal threshold for the offence, identification, the location of the incident, the reliability of witnesses or other aspects of the prosecution evidence.

Can a public nuisance or offensive conduct charge be withdrawn?

In appropriate cases, a lawyer may make representations to the prosecution seeking to have a charge withdrawn or amended. Whether representations are appropriate will depend on the evidence, applicable law and circumstances of the matter. Withdrawal of a charge cannot be guaranteed.

Will a public nuisance offence give me a criminal record?

That depends on how the matter is resolved. If a person pleads guilty or is found guilty, the court will determine the appropriate sentencing outcome. In some circumstances, sentencing options that do not involve recording a conviction may be available, but this depends on the particular offence and individual circumstances.

What should I do if police charge me with a public nuisance offence?

Avoid making assumptions about the seriousness of the charge simply because it is a public-order matter. Obtain a copy of the police material where available and seek legal advice about the elements of the offence, prosecution evidence, possible defences and likely court process before deciding how to plead.

Can Krayem & Co Lawyers represent me for a public nuisance offence?

Yes. Krayem & Co Lawyers provides criminal defence advice and representation for public nuisance and other public-order offences in Sydney and throughout NSW. The firm can advise you about the allegations, evidence, available options and court proceedings.