Adjourned Undertaking for Behave in an Indecent Manner

This is a case study on a sentence of adjourned undertaking for Behave in an Indecent Manner.
Our client was charged with two (2) offences involving public nudity, one being much more serious than the other. Before and after the conduct, the client was suffering from significant mental health issues.
Hester Kelly provided legal representation for the client at the Melbourne Magistrates’ Court. The exact charges were Obscene Exposure and Behave in an Indecent Manner.

Prior to this matter being heard in court, the case was carefully and stridently discussed with the prosecution. It was argued that the more serious charge was not correct in law and should be withdrawn. The prosecution agreed.

The matter had also been rigourously prepared and we were able to provide documents to the court outlining the treatment our client was currently receiving. The magistrate could then feel confident that the client was receiving support in the community and was unlikely to reoffend in the same manner again.
Ultimately, the client received an adjourned undertaking (a good behaviour bond) with a condition to continue to engage with support services.

A sentence of adjourned undertaking for Behave in an Indecent Manner is an excellent result especially considering that it is one of the lowest sentencing options available in the criminal jurisdiction.
Elements of Behave in an Indecent Manner:

  • The accused person was in or near a public place or within eyeshot or earshot of another person in a public place.
  • The accused person engaged in obscene, indecent or threatening language or behaviour.

Hester KellyHester Kelly

Hester is based at our Melbourne office and was admitted to practice in 2014. She previously worked as an Associate to Judge Howard in the County Court of Victoria and was also a solicitor advocate at another Melbourne criminal law firm before becoming a member of Doogue + George.

Hester graduated with First Class Honours in Law in 2012 from Monash University, with a degree in Bachelor of Arts / Bachelor of Laws. She completed two internships at the Castan Centre for Human Rights Law and has volunteered with the HIV/Aids Legal Centre in Melbourne.

View Hester Kelly’s profile.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 28/11/2019