Criminal Lawyers Melbourne

Public nuisance

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


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Public Order Offences - VIC
The Law - Public nuisance

What the Law states - Public nuisance


This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.

If you look at what must be proved that is basically what the law is in relation to this charge.

There is then a lot of case law that explains this law in greater detail.

Maximum Penalty in Victoria



5 years

What the Prosecution must prove - Public nuisance - Vic


(a) The accused did an act not authorised by law or failed to discharge a legal duty.

(b) The act either endangered the life, health, property, morals, or comfort of the public, or obstructed the public in the exercise of legal rights.

Possible Defences - Public nuisance


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Mental impairment.

(g) Necessity.



Which court will hear the charge of Public nuisance


County Court.
Appeal Public nuisance 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