QLD Contesting Public Nuisance - Language

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Josh92

Member
10 May 2017
1
0
1
Order of events -

  • Drinking at pub with new acquaintances (foreigners)
  • 10pm - one of them is cut off from buying more alcohol
  • Came back to his seat and finished his beer.
  • Security removed him for not following venue instructions
  • Arguing between security and patron begin to escalate
  • Realising how this could end I start talking to one of the guards asking him to explain to the patron what is going on instead of inciting violence. (Patron had been in the country 1 month and was 18)
  • Security guard I was talking to gave me a double handed shove backwards
  • This aggravated my chest (I have Teitze syndrome, inflammation of cartilage in the chest that can be debilitating if stressed) I am filing an assault charge against the security officer but that's a different matter.
  • 10:38pm - I call the police to put an end to this
  • While waiting an off-duty security guard started talking to me, explaining they had no issue with me
  • Pain struck in my chest, knowing what had aggravated it I let an obscene insult slip toward the one who had caused it
  • He showed no sign of insult and grinned at me
  • Police arrived, took statements of the security officers and watched the CCTV, couldn't take mine because of intoxication.


    I know we have no "reasonable excuse" clause in QLD legislation. So I'm trying to find out what is going to happen if I plead Not-Guilty. As it seems I have no legal grounds to stand on for defence. Also whether this is likely to cause a conviction as that would be extremely detrimental for me.

    Any info/advice will be greatly appreciated. I'll keep researching in the mean-time.

    Thankyou, Josh
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Josh,
The bottom line is you probably are guilty of the public nuisance and under the Summary Offences Act 2005 that can carry a maximum of 6 months in prison. That said you may have a reasonable explanation for the expletive, but it could depend on the full details of the public nuisance. I would speak with a criminal lawyer.