Page updated on: Friday April 23, 2010
Offence:
Disorderly behaviour – section 3 of the Summary Offences Act 1981
It is an offence to behave, incite or encourage any person to behave, in a riotous, offensive, threatening, insulting, or disorderly manner that is likely in the circumstances to cause violence against persons or property to start or continue, in or within view of any public place.
Penalty:
The maximum penalty is imprisonment of up to 3 months or a fine of up to $2000.
Likely sentence:
Sally is likely to receive a fine of $100 - $200 and court costs of $130. The sentence may be reduced if she proves to the court that she is undergoing alcohol counselling.
Special notes:
When offending arises because of alcohol or drug related behaviour, it is advisable to seek assistance from an agency such as Care NZ before the court date. A letter confirming that you are getting help will assure the Judge that you are addressing the problem that landed you in court.
Sally is with some of her friends drinking at a bar. She gets into an argument with the bartender and is asked to leave by the bouncer. The Police get called and when they arrive Sally is heard swearing loudly at the bouncer and threatening to have him beaten up.