Public Order Offence Charges in Sydney

Public order charges cover a broad spread of conduct, from a single offensive word in the street through to riot, affray and firearms offences that carry years in prison. Every one of these charges can leave a mark well beyond the courtroom on your job, your travel plans, and your name.
At Best Criminal Lawyers Sydney, we’ve helped clients across the city fight these charges at every level of the court system. If you’ve been charged with a public order offence anywhere in Sydney, get in touch with our team before you say anything further to police.

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Call us now on (02) 9158 8777 or fill out the form below.

Why do clients choose us to Fight Their Charges?

Understanding Public Order Offences in NSW

At Best Criminal Lawyers Sydney, we treat public order offences as conduct that disturbs the peace or leaves the public fearing for their own safety or the safety of their property. These charges split into two very different categories, so working out which one applies to you is always our first step.

Summary public order offences are covered under the Summary Offences Act 1988 (NSW) and include:

Offensive language
Offensive behaviour, including obstructing traffic, violent disorder and indecent exposure
Knives and other offensive implements
Laser pointers
Loitering by registered child sex offenders
Improper use of vehicles and vessels
Prostitution-related offences
Minors on the premises of a sex services business
Public assemblies
Unlawful hunting

Offensive language and offensive behaviour can often be resolved with an on-the-spot fine. But once that fine is challenged, or police decide to prosecute formally, the matter moves to the Local Court, and the range of possible outcomes widens considerably, including imprisonment in serious cases.

Indictable public order offences fall under the Crimes Act 1900 (NSW) and include:

Riot and affray
Explosives and firearms offences
Contamination of goods
Bomb and other hoaxes
Criminal groups
Unlawful gambling
Consorting
Public threats or incitement of violence based on race, religion, sexual orientation, gender identity, intersex status or HIV/AIDS status

Affray is frequently charged alongside other offences, such as assault, so we often defend several related matters at once for the same client. We’ve broken down the most common charges we see below.

The Prosecution’s Burden of Proof

Australia’s criminal justice system puts the burden squarely on the prosecution. Every element of a public order charge, including your intent to commit it, must be proven beyond reasonable doubt before you can be convicted.

Whether your matter is dealt with summarily or on indictment isn’t something you control; the prosecution makes that call based on the seriousness of the alleged conduct and other case-specific factors. A Police Prosecutor runs summary matters in the Local Court; the Director of Public Prosecutions prosecutes indictable matters.

If you plead guilty, the prosecution doesn’t need to prove anything; your matter proceeds straight to sentencing. An early guilty plea can also earn you up to a 25% discount, but it’s only the right call in some circumstances, so we’d always recommend getting our advice first.

Fines are calculated in penalty units, currently valued at $110 each. An offence carrying 50 penalty units, for example, translates to a maximum fine of $5,500.

In a Nutshell…

The prosecution has to prove every element of your charge, including intent, beyond a reasonable doubt. Contact us for a free initial consultation with our criminal law team.

Summary Offences We Regularly Defend

Possessing an Offensive Weapon in Public

It’s an offence to carry an offensive weapon in a public place without reasonable excuse. Maximum penalty: a $5,500 fine or 2 years’ imprisonment. The onus is on you to establish your excuse, and the court can also order the weapon to be surrendered.

Carrying a Knife in Public or at School

Carrying a knife in public without reasonable excuse carries a maximum of a $2,200 fine, 2 years’ imprisonment, or both. Recognised excuses include:

Lawfully pursuing your work, education or training
Preparing or eating food
Taking part in lawful recreation or sport
Displaying knives for retail or trade
Belonging to an organised knife-collecting group
Wearing an official uniform
Genuine religious purposes
Travelling to or from any of the above

Parental Responsibility for a Child Carrying a Knife

If your child is under 18 and is found carrying a knife in public, you can be guilty of an offence in your own right, whether or not your child is convicted. Maximum penalty: a fine of $550.

Wielding a Knife in Public or at School

Using a knife, or carrying one visibly, in a way likely to cause a reasonable person present to fear for their safety carries a maximum penalty of a $5,500 fine or 2 years’ imprisonment.

Selling Knives to Minors

Selling a knife to a child under 16 carries a maximum fine of $5,500. A sale made by your employee is treated as though you made it yourself. Defences include a reasonable belief that the child was 16 or over, no knowledge of the employee’s conduct, or proof that due diligence couldn’t have prevented it.

Holding a Public Assembly or Protest

To hold a public assembly, you need to serve written notice on the NSW Police Commissioner setting out the date, time, place, route, purpose and expected numbers. This makes you the responsible contact for the event, and the Commissioner can apply to the District or Supreme Court to have it prohibited.

In a Nutshell…

Weapons offences cover everything from pocket knives to laser pointers, and outcomes often hinge on whether a “reasonable excuse” applies. Talk to us before you plead to anything.

How Your Matter Moves Through the Local Court

Mention hearing: your first court date. You can plead guilty here after getting our advice, and the matter may be finalised on the spot. A not guilty plea means the court adjourns and sets a further date, along with a date for both sides to exchange evidence.
Use this window to gather supporting evidence, such as character references.
Brief mention: both parties produce their evidence, and a hearing date is set.
Hearing: both sides present their case, and the Magistrate decides guilt and, where relevant, hands down a sentence.

What Sentencing Options Does the Local Court Have?

Section 10 Dismissals

A section 10 is the best possible outcome once a court finds you guilty of a summary public order offence. Under section 10 of the Crimes (Sentencing Procedure) Act, there are three versions where the court considers further punishment inappropriate:

10(1)(a): dismissal with no conviction recorded
10(1)(b): dismissal with no conviction, on conditions such as staying offence-free for a set period
10(1)(c): dismissal with no conviction, conditional on completing an intervention program such as drug and alcohol counselling

Before granting one, the court weighs up your criminal record, your character and health, how trivial the offence was, and any extenuating circumstances.

Intensive Correction Orders (ICOs)

An ICO lets a sentence of imprisonment be served in the community under supervision instead of custody, subject to conditions such as home detention, electronic monitoring, a curfew, up to 750 hours of community service, rehabilitation programs, abstaining from drugs and alcohol, and restrictions on who you associate with or where you can go.

Community Correction Orders (CCOs)

Similar to an ICO, but you’re also required to make yourself available to attend court whenever the court requires.

Conditional Release Orders (CROs)

Another community-based option, which can be issued with or without a conviction being recorded.

Section 32 Mental Health Diversions

A diversionary option under the Mental Health (Forensic Provisions) Act 1990 (NSW) for defendants who are cognitively impaired or suffering a mental illness or condition. A magistrate can adjourn the matter, grant bail, or discharge the charges into the care of a responsible person on condition that treatment is undertaken.

In a Nutshell…

The Local Court has a genuine range of options short of prison for public order offences. Contact us to discuss the best outcome for your matter.

Serious Indictable Public Order Offences

Riot Charges

Where 12 or more people use or threaten unlawful violence for a common purpose, and their combined conduct would cause a person of reasonable firmness to fear for their safety, each person who used violence is guilty of riot. Maximum penalty: 15 years’ imprisonment. The group doesn’t need to act simultaneously; the common purpose can be inferred, and no bystander needs to actually have been present. Riot can happen in a public or private place, and the prosecution must prove you intended to use violence or were aware your conduct might be violent.

Affray Charges

Using or threatening unlawful violence towards another person in a way that would cause a reasonable person present to fear for their safety is affray. Maximum penalty: 10 years’ imprisonment. Where more than one person is involved, their conduct is considered together; a threat can’t be made by words alone; and no bystander needs to actually be present. Like a riot, an affray can occur in public or private.

In a Nutshell…

Riot and affray both centre on violence or the threat of it. Affray is commonly attached to other charges like assault. Contact us for a free initial consultation to discuss your circumstances.

Firearms and Explosives Offences

Possessing, Supplying or Making Explosives

Possessing an explosive in a public place carries a maximum of 5 years’ imprisonment. Possessing, supplying or making one under circumstances suggesting it wasn’t for a lawful purpose carries up to 3 years’ imprisonment, a $5,500 fine, or both. A reasonable excuse, such as a properly authorised fireworks display, is a defence.

Carrying Dangerous Articles Other Than Firearms

Carrying an irritant substance, dense smoke, or anything capable of causing bodily harm in a public place carries a maximum of a $5,500 fine, 2 years’ imprisonment, or both, dealt with in the Local Court. Self-defence can be a valid excuse, assessed against how immediate the threat was, the circumstances, what was carried, and your own age and experience. Carrying a fuse, detonator or distress flare without lawful excuse carries the same maximum penalty.

Endangering Others With a Firearm or Speargun

Possessing a loaded firearm in a way that endangers another person, firing one near a public place, or carrying one recklessly carries up to 10 years’ imprisonment. A reasonable or lawful purpose is a defence.

Firing at a Dwelling or Building

Firing at a dwelling with reckless disregard for safety carries up to 14 years. Doing so during a public disorder or in the course of criminal activity carries up to 16 years, regardless of whether anyone was actually endangered.

Trespassing With, or Dangerously Using, a Firearm or Speargun

Entering land or a building while carrying a firearm, imitation firearm, or speargun carries up to 5 years’ imprisonment, unless you’re the owner or occupier, have permission, or have a reasonable excuse. Firing into a building or onto land carries up to 10 years, subject to the same defences.

Possessing an Unregistered Firearm in Public

This carries up to 10 years’ imprisonment, rising to 14 years in aggravating circumstances, such as possessing more than one unregistered firearm, or a pistol or prohibited firearm.

Case Study

A group of friends turned up uninvited to a party we were later engaged at. A fight broke out, several people were hurt, and neighbouring property was damaged, drawing a large police response. If the prosecution can show that 12 or more people used or threatened violence and a reasonable bystander would have feared for their safety, the group faces up to 15 years for riot. Where the same elements are proven for a smaller group, affray carries up to 10 years.

In a Nutshell…

Firearms and explosives offences carry some of the heaviest penalties in this area of law, and the “reasonable excuse” defences are highly fact-specific. Talk to us about your circumstances.

Goods Contamination Offences

Contaminating Goods to Cause Public Alarm or Economic Loss

Deliberately contaminating goods to cause public anxiety or economic harm carries a maximum of 10 years’ imprisonment.

Threatening to Contaminate Goods

Threatening contamination for the same purpose also carries up to 10 years.

Making False Claims of Contamination

Knowingly making a false statement about contaminated goods, intending to cause public alarm or economic loss, carries up to 10 years.

Aggravating Circumstances

Making an unwarranted demand alongside any of the above raises the maximum to 14 years. Where death or grievous bodily harm results, or was intended, the maximum rises to 25 years. Conduct in another state intended to affect NSW is still prosecutable here, and vice versa.

In a Nutshell…

Contamination offences are treated extremely seriously because of the flow-on damage they cause well beyond the individual victim. Contact us for a free initial consultation.

Hoax and False Threat Offences

Conveying False Information That Someone or Something Is in Danger

Knowingly conveying false or misleading information likely to make someone fear for the safety of a person or property carries a maximum of 5 years’ imprisonment.

Leaving or Sending an Article to Cause Alarm

Leaving a substance or article somewhere, intending to induce a false belief that it’s dangerous, also carries a maximum of 5 years’ imprisonment.

In a Nutshell…

Hoax offences are treated extremely seriously because of the flow-on damage they cause, and state borders are no barrier to prosecution. Contact us for a free initial consultation.

Criminal Group Participation and Consorting

Being Part of a Criminal Group

Knowingly participating in a group you know, or ought reasonably to know, is a criminal group, in a way that contributes to its criminal activity, carries up to 5 years’ imprisonment. Directing the group’s activities raises this to 10 years, and directing an organised, ongoing criminal group raises it further to 15 years. Related offences include:

Assaulting someone to further a criminal group’s activity: up to 10 years
Damaging or threatening to damage property to further a criminal group’s activity: up to 10 years
Assaulting a law enforcement officer to further a criminal group’s activity: up to 14 years
Knowingly receiving a material benefit derived from a criminal group’s activities: up to 5 years

Consorting With Convicted Offenders

Habitually associating with convicted offenders, after receiving an official police warning about each of them, carries a maximum of a $16,500 fine, 3 years’ imprisonment, or both. It’s a defence to show the consorting was reasonable, for example, with family, at work, during education or training, through health, welfare or legal services, in lawful custody, under a Parole Authority direction, or while accessing crisis accommodation.

Case Study

A Year 12 student, anxious about her upcoming exams, phoned in a false bomb threat to her school, hoping to have the exam postponed. The school was evacuated, and emergency services were deployed. While technically an indictable offence, matters like this are often dealt with summarily given the reduced seriousness involved.

In a Nutshell…

Consorting and criminal group offences usually appear alongside other, more serious charges, with penalties ranging from a few years through to 15. Contact us for a free consultation to talk through your situation.

What Happens in the District or Supreme Court

Bail: an application may be needed if bail hasn’t already been granted.
Committal hearing: the court decides whether there’s enough evidence to proceed to trial.
Case conferences: these may occur between committal and trial to narrow the issues.
Trial: both sides present their case, often over weeks or months depending on complexity; a jury decides guilt.
Sentencing: if convicted, the judge hands down a sentence and reasons, sometimes after requesting further reports, such as pre-sentence reports from Corrective Services.

In a Nutshell…

Consorting and participating in criminal groups are serious offences, usually prosecuted alongside additional charges, with penalties ranging from 5 to 15 years’ imprisonment. Contact us for a free initial consultation.

Disclaimer: The above is general legal information and shouldn’t be considered legal advice. You should speak with one of our criminal lawyers for advice tailored to your specific matter. The penalties listed are maximum penalties, and the courts deal with every case on its own facts.

Get in Touch With Best Criminal Lawyers Sydney Today

Call us now on (02) 9158 8777 or book a free consultation online.

Frequently Asked Questions

Are Affray and Violent Disorder the Same Offence?

No. Violent disorder generally involves damage or threatened damage to property, dealt with summarily by a fine or up to 2 years’ imprisonment. Affray involves the use or threat of violence causing fear for someone’s safety and, although it can be dealt with summarily, is usually more serious, carrying up to 10 years’ imprisonment.

Do I Need a Lawyer if I'm Going to Court?

We’d strongly recommend it. A criminal lawyer knows the court process and exactly what evidence will support your matter. Court, especially the first time, can be daunting. Contact us for a free initial consultation.

How Do I Prove I Had a Reasonable Excuse to Carry a Knife, Weapon or Explosives in Public?

You’ll need supporting evidence, things like a letter from your employer, a relevant licence, or council approval for an event. Contact us for a free initial consultation to discuss the evidence needed for your circumstances.

What Should I Do if Police Want to Talk to Me?

Stay calm and don’t answer questions or make a statement until you’ve spoken with us. Anything you say can be used in evidence, and early legal advice makes a real difference to how your matter unfolds.

Can I Avoid a Criminal Record in NSW?

Often, yes, depending on your circumstances. We may be able to argue for a section 10 dismissal, a conditional release order without conviction, or have your charge withdrawn altogether.