Criminal Lawyers Melbourne

Disturbing religious worship

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Kristina Kothrakis
Criminal Defence Lawyer


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Public Order Offences - VIC
The Law - Disturbing religious worship

What the Law states - 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.

Entry of Police into Houses, Buildings, &c.

Maximum Penalty in Victoria


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

What the Prosecution must prove - Disturbing religious worship - Vic


(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 - 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.

Which court will hear the charge of Disturbing religious worship


Magistrates' Court.

Appeal Disturbing religious worship Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne