Criminal Lawyers Melbourne

Persons found drunk and disorderly

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Cassie Collier
Criminal Defence Lawyer


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Public Order Offences - VIC
The Law - Persons found drunk and disorderly

What the Law states - Persons found drunk and disorderly


Summary Offences Act 1966 - SECT 14

Persons found drunk and disorderly

14. Persons found drunk and disorderly

Any person found drunk and disorderly in a public place shall be guilty of an offence.

Maximum Penalty in Victoria


For a first offence; 1 penalty unit or 3 days imprisonment

For a second or subsequent offence: 5 penalty units or imprisonment for one month

What the Prosecution must prove - Persons found drunk and disorderly - Vic


(a) The accused was drunk.

(b) The accused behaved in a disorderly manner.

(c) The accused was in a public place.

Possible Defences - Persons found drunk and disorderly


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Mental impairment.


Which court will hear the charge of Persons found drunk and disorderly


Magistrates' Court

Appeal Persons found drunk and disorderly 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