Services
Public Nuisance Lawyers Queensland
Public nuisance is one of the most common offences under Queensland’s criminal law. While it may sound minor, a conviction can carry serious consequences, including fines, imprisonment in some cases, and a lasting impact on your record.
If you’ve been charged, it’s important to understand the law, possible penalties, and how early legal advice can improve your outcome.
Call us if you're facing an public nuisance charge
At Osborne Butler Lawyers, we’re experienced in defending all types of public nuisance charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
Whether it’s a minor scuffle or a more serious allegation, we’re here to help.
Use the form to ask us anything. We’ll respond in 24 hours.
What is public nuisance under Queensland law?
Under section 6 of the Summary Offences Act 2005 (Qld), a person commits public nuisance if:
- They’re in a public place
- They behave in a disorderly, offensive, threatening or violent manner, and
- Their conduct interferes with the public’s use and enjoyment of that space.
In simple terms, that means public nuisance is when someone causes trouble, disturbance or fear in a public area.
Common examples of public nuisance
Public nuisance often includes behaviour such as:
- Drunken or offensive behaviour in the street
- Fights or threats of violence outside pubs or clubs
- Loud or abusive arguments in public places
- Harassing passers-by or obstructing traffic
- Defacing or damaging public property.
Types of public nuisance offences
Public nuisance can take different forms depending on the conduct involved. Each case is assessed on how much the behaviour disrupts or impacts the community.
- Disorderly or offensive behaviour: e.g. abusive language or public indecency
- Threatening or violent behaviour: e.g. fighting in public or threatening passers-by
- Property-related nuisance: e.g. graffiti, damaging public or private property in public view.
Aggravating factors for public nuisance
Courts often treat a public nuisance offence more seriously in these circumstances:
- If it involves the use of weapons
- Where it occurs near a school, hospital or transport hub.
- If it targets vulnerable members of the public.
- If it causes significant disruption or economic impact (e.g. large-scale vandalism).
Penalties for public nuisance in Queensland
The maximum penalty for public nuisance in Queensland is 6 months’ imprisonment or a fine of 10 penalty units.
According to the Queensland Sentencing Council, public nuisance charges most commonly result in fines or community-based orders not prison. However, repeat or aggravated offending can still lead to short prison terms.
Other sentencing options for public nuisance
Courts have a range of sentencing options outside of imprisonment, such as:
- Community service orders
- Behavioural intervention programs (e.g. alcohol or anger management courses)
- Fines or good behaviour bonds
- No conviction recorded (only available in less serious cases).
What sentence are you likely to receive?
If you’re convicted of public nuisance, the actual sentence you’re likely to receive will depend on:
- The seriousness of the conduct
- Whether alcohol or drugs were involved
- Whether it was an isolated incident or part of a pattern of behaviour
- Your prior criminal history.
Your lawyer will do what they can to present your argument in the best light and minimise any sentence.
What should you do if you’re charged with public nuisance?
If you’ve been charged with public nuisance, it’s vital you get early legal advice.
Your lawyer will:
- Help you understand the exact allegations and evidence
- Advise you on your rights and ensure you don’t make admissions that harm your case.
- Explore possible defences, such as:
- Lawful excuse: e.g. you were exercising a legal right
- Necessity: you were acting in response to an emergency
- Lack of intent: where your actions weren’t meant to cause nuisance or harm
- Negotiate with prosecutors for reduced charges or alternative outcomes
- Where possible, argue that a conviction should not be recorded against you.
When you ask a lawyer to intervene early, you may be more likely to receive a sentence that involves community programs or fines instead of imprisonment, or even avoid a recorded conviction altogether.
When should you contact a criminal defence lawyer after being charged with public nuisance?
You should seek legal advice immediately if:
- Police have contacted you about a public nuisance complaint
- You’ve been charged or believe you may be charged with public nuisance
- You’ve received a notice to appear, summons or court attendance notice
- Council or authorities have issued warnings about behaviour that could escalate to charges
- You’re involved in neighbour or community disputes that may give rise to allegations.
This is not a time to take chances. Legal advice from the outset can change the entire trajectory of your case.
Call us if you're facing a public nuisance charge
Call us if you’re facing a public nuisance charge, our experienced criminal defence lawyers will provide you with expert legal advice.
We’ve represented many people in the same circumstances you’re in, and we understand how disruptive and stressful public nuisance charges can be.
With the right representation, you may be able to avoid a conviction, minimise penalties and protect your future.
Use the form below to get in touch. We’ll respond within 24 hours.
Frequently asked questions about public nuisance in Queensland
What is the maximum penalty for public nuisance in Queensland?
The maximum penalty is 6 months’ imprisonment or a fine of 10 penalty units. In practice, most cases result in fines, community service, or behaviour orders but repeat or aggravated offences can still lead to jail time.
Will I get a criminal record for public nuisance?
Not always. In some cases, a lawyer can argue for no conviction to be recorded, particularly for first-time offenders or minor incidents. However, a conviction can appear on your record and affect employment, travel and other aspects of your life.
Can public nuisance charges be dropped?
Yes. If there is insufficient evidence, if police acted improperly or if your lawyer can raise a valid defence (such as necessity or lawful excuse), charges may be reduced or withdrawn.
Is being drunk in public considered a public nuisance?
Not automatically. Simply being intoxicated in public is not an offence, but if your behaviour becomes disorderly, threatening or offensive, you may be charged with public nuisance.
What should I do if the police give me a notice to appear for public nuisance?
Don’t ignore it. Contact a criminal defence lawyer immediately. Early advice can help you understand the allegations, prepare your defence and improve your chances of avoiding a conviction.
How We Can Help You
40+ Years Combined Experience
When you engage Osborne Butler, your matter will be handled by experienced lawyers who will be by side every step of the way.
Available 24/7
The earlier you have a lawyer on your side, the better chance you have of achieving a favourable outcome.
We Fight For Your Future
Our promise goes beyond words. We're in your corner, championing your rights and fighting fiercely for your future.
Fixed Price Costing
We offer our clients the option of a fixed price for our services ensuring transparency and no surprises.
Our Commitment To You
We treat our clients with empathy and respect. We’re dedicated to breaking down legal jargon and the complexities of the criminal justice process.
Your Privacy Is Our Priority
You can be assured of our strict confidentiality and sensitivity policy no matter how big or small the charge.
If you or someone you care about is facing a public nuisance charge in Queensland, contact Osborne Butler Lawyers today for strong legal defence.
Need a Criminal Defence Lawyer? Contact Osborne Butler
If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
Cairns: 07 4041 3301
Brisbane: 07 3521 5588
Gold Coast: 07 5532 0066
