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Drunkards behaving in riotous or disorderly manner
Drunkards behaving in riotous or disorderly manner
What the Law states - Drunkards behaving in riotous or disorderly manner
Summary Offences Act 1966 - SECT 16
Drunkards behaving in riotous or disorderly manner16. Drunkards behaving in riotous or disorderly manner
Any person who, while drunk-
(a) behaves in a riotous or disorderly manner in a public place;
(b) is in charge, in a public place, of a carriage (not including a motor vehicle within the meaning of the Road Safety Act 1986) or a horse or cattle or a steam engine-
shall be guilty of an offence.
Penalty: 10 penalty units or imprisonment for two months.
Obscene, Threatening, Insulting, Abusive, &c. Words and Behaviour
Maximum Penalty in Victoria
2 months imprisonment or 10 penalty units
What the Prosecution must prove - Drunkards behaving in riotous or disorderly manner - Vic
(a) The accused was drunk and behaved in a riotous or disorderly manner in a public place.
(b) Alternatively, the accused was drunk, in charge of a carriage, horse, cattle or a steam engine and was in a public place.
Possible Defences - Drunkards behaving in riotous or disorderly manner
(a) Duress.
(b) Factual dispute.
(c) Honest and reasonable mistake of belief.
(d) Identification dispute.
Which court will hear the charge of Drunkards behaving in riotous or disorderly manner
Magistrates' Court.
