QLD Charged with Public Nuisance on Private Property?

Discussion in 'Criminal Law Forum' started by Cephas Peter, 11 July 2018.

Tags:
  1. Cephas Peter

    Cephas Peter Member

    Joined:
    11 July 2018
    Messages:
    1
    Likes Received:
    0
    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
     
  2. Bill Murray

    Bill Murray Well-Known Member

    Joined:
    6 June 2018
    Messages:
    138
    Likes Received:
    17
    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?
     
  3. DMLegal

    DMLegal Well-Known Member

    Joined:
    28 May 2018
    Messages:
    125
    Likes Received:
    14
    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.
     
  4. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    2,715
    Likes Received:
    592
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    DMLegal likes this.
  5. Clancy

    Clancy Well-Known Member

    Joined:
    6 April 2016
    Messages:
    973
    Likes Received:
    65
    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.
     
Loading...

Share This Page

Loading...
gt;