Criminal Lawyers Melbourne

Drunk in public

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Cassie Collier
Criminal Defence Lawyer


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Public Order Offences - VIC
The Law - Drunk in public

What the Law states - Drunk in public


Summary Offences Act 1966 - SECT 13

Persons found drunk

13. Persons found drunk

Any person found drunk in a public place shall be guilty of an offence and may
be arrested by a member of the police force and lodged in safe custody.

Maximum Penalty in Victoria



8 penalty units

What the Prosecution must prove - Drunk in public - Vic


(a) The accused was drunk.

(b) The accused was in a public place.

Possible Defences - Drunk in public


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

 


Which court will hear the charge of Drunk in public


Magistrates' Court.

Appeal Drunk in public 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