Criminal Lawyers Melbourne

Drunkards behaving in riotous or disorderly manner

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Kristina Kothrakis
Criminal Defence Lawyer


Email your enquiry Make an appointment
03 9670 5111
Public Order Offences - VIC
The Law - Drunkards behaving in riotous or disorderly manner

What the Law states - Drunkards behaving in riotous or disorderly manner


Summary Offences Act 1966 - SECT 16

Drunkards behaving in riotous or disorderly manner

16. Drunkards behaving in riotous or disorderly manner

Any person who, while drunk-

(a) behaves in a riotous or disorderly manner in a public place;

(b) is in charge, in a public place, of a carriage (not including a motor vehicle within the meaning of the Road Safety Act 1986) or a horse or cattle or a steam engine-

shall be guilty of an offence.

Penalty: 10 penalty units or imprisonment for two months.

Obscene, Threatening, Insulting, Abusive, &c. Words and Behaviour

Maximum Penalty in Victoria



2 months imprisonment or 10 penalty units

What the Prosecution must prove - Drunkards behaving in riotous or disorderly manner - Vic


(a) The accused was drunk and behaved in a riotous or disorderly manner in a public place.

(b) Alternatively, the accused was drunk, in charge of a carriage, horse, cattle or a steam engine and was in a public place.

Possible Defences - Drunkards behaving in riotous or disorderly manner


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

 

Which court will hear the charge of Drunkards behaving in riotous or disorderly manner


Magistrates' Court.

Appeal Drunkards behaving in riotous or disorderly manner 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