Public Place or Licenced Venue Archives -

Failure to Leave Licenced Premises

Failure to leave a licenced premises is a criminal offence. We’ve answered some common questions below. However, if you require specific advice you can book in a free initial consultation with our experienced criminal lawyers.

What does the charge mean?

If you’re intoxicated and refuse to leave a bar when asked, you can be charged. This is because the refusal to leave, or remaining in the vicinity, is a criminal offence. As a result, this offence usually occurs between a patron and a security guard or bar staff.

Additionally, if you behave in an offensive manner, or use offensive language, you could face further criminal charges.

Can I avoid a criminal record for Fail to Leave Licenced Premises?

Yes, it is possible to avoid a criminal record. However, this is more likely if it is your first criminal charge.

If convicted, you will likely receive a fine.

Will I go to jail?

No. The maximum penalty that can be imposed is $5,500 in NSW. Therefore, failing to leave a licenced premises is a fine only offence. In other words, it is not possible to go to jail for this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

A licenced premises did not let you in, or
The licenced premises asked you to leave, and
Within 6 hours, you re-entered the vicinity of the premises

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

We are committed to your result.

Behave in an Offensive Manner

Behave in an offensive manner covers a wide range of conduct, which could result in a criminal conviction. We’ve provided more information on this charge below.

Can I avoid a criminal record for Behaving in an Offensive Manner?

Yes, it is possible to avoid a conviction for offensive conduct. However, the likelihood of this outcome depends on the circumstances of the offence, the seriousness and your subjective circumstances.

Most offenders will receive a fine or Conditional Release Order.

Will I go to jail?

The maximum penalty is a fine of $660 or 3 months imprisonment. In other words, it is possible to go to jail. However, this only applies to serious examples of this offence.

Generally, most offenders will not go to jail.

Examples of Behaving in an Offensive Manner

Examples of offensive conduct can include:

Yelling
Swearing
Urinating
An aggressive or rowdy group
Pushing and shoving

However, what is “offensive” depends on community standards. You should obtain legal advice before pleading guilty to this offence.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Behaved in an offensive manner
In, near or within view of hearing from a public place or school

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are here to help you obtain the best possible outcome.

Intentionally Mark Premises or Property (Graffiti Offences)

Intentionally mark premises or property relate to what is commonly referred to as graffiti. The penalties can be harsh, and include full time imprisonment. However, we are here to help.

What is Intentionally Mark Premises or Property?

This charge relates to graffiti offences. Therefore, it involves any intentional marking of property or premises. The maximum penalty is a fine of $440.

However, if the offence occurs in circumstances of aggravation, the maximum penalty is $2,200 or 12 months imprisonment. For more information on aggravated charges, see below.

Can I avoid a criminal record?

It is possible to avoid a criminal conviction for marking a premises or property. Similarly, it is possible to avoid a criminal conviction for an aggravated offence. The likelihood of this outcome depends on the seriousness of the offence and your subjective circumstances.

Will I go to jail?

It is a fine only offence. Therefore, it is not possible to go to jail, unless the offence occurs in circumstances of aggravation.

It is possible to go to jail for an aggravated charge. However, not if it is your first charge. If in the past you have been charged with graffiti offences, you will only go to jail if a court is satisfied you are a serious and persistent offender. Therefore, the chances of going to jail for this offence are low.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

Intentionally marked property or a premise,
Without consent, and
Without reasonable excuse

Additionally, the prosecution must prove the offence occurred in ‘circumstances of aggravation’, if you are charged with an aggravated offence.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

What are ‘circumstances of aggravation’?

If you mark something with a graffiti implement it aggravates the offence. For instance, if you use a spray can. Similarly, the offence will be aggravated if the mark is not easily removable by wiping the surface or using water or detergent.

We can help

Our experienced lawyers have represented many clients charged with graffiti offences, including clients who were at risk of going to jail. We will work with you to determine how to get the best possible result for your case. This could include defending the charge, negotiating with police, or preparing a strong case for your sentence.

Public Place or Licenced Venue

Failure to Leave Licenced Premises

What does the charge mean?

Can I avoid a criminal record for Fail to Leave Licenced Premises?

Will I go to jail?

If I defend the charge, what must be proved?

We can help

We're here to help

Behave in an Offensive Manner

Can I avoid a criminal record for Behaving in an Offensive Manner?

Will I go to jail?

Examples of Behaving in an Offensive Manner

If I defend the charge, what must be proved?

We can help

We're here to help

Intentionally Mark Premises or Property (Graffiti Offences)

What is Intentionally Mark Premises or Property?

Can I avoid a criminal record?

Will I go to jail?

If I defend the charge, what must be proved?

What are ‘circumstances of aggravation’?

We can help

We're here to help