Obscene Exposure

The Law

Section 5 of the Summary Offences Act 1988 (NSW) states:
A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person.

Jurisdiction / Case Law

An offence of Obscene Exposure is what is known as a Summary offence, which means that the matter will be finalised in the Local Court.

The nature and elements of the offence of Obscene Exposure were considered in R v Benson; Ex parte Tubby (1882) 8 VLR (L) 2 (FC) (at 5): A person may still find themselves in trouble for obscene exposure even if they are unseen, as the court in a joint judgment remarked in,

“It is quite unnecessary to prove that the prisoner was actually seen by anyone on the highway when he was exposing himself; it is sufficient that he was in view and could have been seen by any person there.”

What must the prosecution prove?

Since Obscene Exposure is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Obscene Exposure, the prosecution must prove each of the following matters beyond reasonable doubt:

• You exposed yourself in an obscene way, and
• You did so within sight of the public place or a school.

If you are charged with the offence of Obscene Exposure, what are your options?

National Criminal Lawyers (NCL) have been successful in defending many Obscene Exposure charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Obscene Exposure:

1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.