QLD Charged with Public Nuisance on Private Property?

[Cephas Peter]

Incident happened in Queensland:

An altercation happened in a private car park, not a public one, but I'm charged with public nuisance?

It was not a commercial car park or anything; it was a completely private location car park. I'm charged with - 6 (1) Commit public nuisance.

How does this charge apply considering what happened was not in a public place?

Thanks

 

[Bill Murray]

Sounds like you might be one of these people:
Fourth man charged over Brisbane mosque confrontations

The definition of public place includes a place that is open to or used by the public whether or not on payment of a fee.

You've not given enough information to answer it thoroughly. Which exact car park was it?

 

[DMLegal]

A public nuisance does not require that the offence take place on public property, it can include property which is accessible to the public and situations whereby the public can hear/see the conduct constituting the nuisance - shouting from a balcony at people on a street for example. You're better bet is to defend the charge on the basis that what you were doing did not constitute a 'nuisance', the public bit is a futile defence imo.

 

[Tim W]

I agree with the above comments.

I would add that it is a mistake to think of "private property"
as a place where the law somehow does not apply,
and where you can somehow do whatever you like,
without fear of prosecution.

 

[Clancy]

I would add that it is a mistake to think of "private property"
as a place where the law somehow does not apply,
and where you can somehow do whatever you like,
without fear of prosecution.

ABSOLUTELY! People in this country seem to be under some delusion that they own their own land. It springs from a few 'token' legal concessions such as being allowed to drive an unregistered vehicle on your own private farm. But a 'token' concession is all it is, people have to realize at the end of the day the government has full authority over private land, time to accept it.