use of offensive language or near, or within hearing from, a public ‘in place or a school’, contrary to the Summary Offences Act 1988 (NSW), can be punished with a fine of $660 or a Criminal Infringement Notice (‘CIN’) of $500. There appears to be no logical justification for the inconsistency of these fine and penalty notice amounts. What does mean? ‘offensive’ The adjectives and so on are not defined in ‘offensive’, ‘obscene’ legislation, nor do statutory lists itemise which words are prohibited. Instead, unclear common law definitions of these adjectives have been developed in case law, many of which rely on dictionary definitions. The most commonly cited definition of in the context of offensive ‘offensive’ language and behaviour crimes is that provided in the Supreme Court of Victoria caseWorcester v Smith, where O’Bryan J defined offensive as as is calculated to wound the feelings, arouse anger or resentment ‘such or disgust or outrage in the mind of a reasonable person’. In considering the perspective of the reasonable person, a magistrate (or police officer) must also have regard to contemporary community standards, and the context in which the words were used. Trial 1: Offensive language crimes across Australia Words Jurisdiction Location Punishment punishable Riotous, In, near, or indecent, within the view or ACT offensive or hearing of a $1 000 insulting person in, a behaviour public place In or near, or Offensive within hearing $660 fine or a NSW language from, a public $500 CIN place or a school $2 000, six months Profane, imprisonment, indecent, or CINs of $144 obscene, In or within the (profane, threatening, hearing or view of indecent or abusive or any person in any obscene NT objectionable road, street, $288 offending, thoroughfare or (threatening, or causing public place abusive or substantial objectionable annoyance to a words, person offending or causing
use of offensive language ‘in or near, or within hearing from, a public place or a school’, contrary to the Summary Offences Act 1988 (NSW), can be punished with a fine of $660 or a Criminal Infringement Notice (‘CIN’) of $500. There appears to be no logical justification for the inconsistency of these fine and penalty notice amounts. What does ‘offensive’ mean? The adjectives ‘offensive’, ‘obscene’ and so on are not defined in legislation, nor do statutory lists itemise which words are prohibited. Instead, unclear common law definitions of these adjectives have been developed in case law, many of which rely on dictionary definitions. The most commonly cited definition of ‘offensive’ in the context of offensive language and behaviour crimes is that provided in the Supreme Court of Victoria caseWorcester v Smith, where O’Bryan J defined offensive as ‘such as is calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person’. In considering the perspective of the reasonable person, a magistrate (or police officer) must also have regard to contemporary community standards, and the context in which the words were used. 1: Offensive language crimes across Australia Jurisdiction Words punishable Location Punishment ACT Riotous, indecent, offensive or insulting behaviour In, near, or within the view or hearing of a person in, a public place $1 000 NSW Offensive language In or near, or within hearing from, a public place or a school $660 fine or a $500 CIN NT Profane, indecent, obscene, threatening, abusive or objectionable offending, or causing substantial annoyance to a person In or within the hearing or view of any person in any road, street, thoroughfare or public place $2 000, six months imprisonment, or CINs of $144 (profane, indecent or obscene $288 (threatening, abusive or objectionable words, offending or causing Trial
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