You’re out in the city, leaving a bar, having a loud argument with a mate, maybe swearing, maybe stumbling a little, and suddenly police appear. Within minutes, what felt like harmless behaviour becomes a public order offence:

• Offensive behaviour
• Offensive language
• Drunk and disorderly
• Resist police
• Hinder police

For many people, these charges feel unfair and trivial. Yet they carry real consequences: fines, criminal records, difficulty travelling overseas, and even jail for repeat offenders.

At National Criminal Lawyers®, our offensive behaviour lawyers in Sydney regularly defend clients who believe police escalated a minor situation into a criminal charge, often due to misunderstandings, intoxication, or officers misusing their powers.

This blog breaks down the law, the real-world cases, and how courts treat these charges. It will also explore CCTV evidence, police overreach, and well-publicised examples that shape how public order policing is viewed today.

1. Offensive Language: s 4A Summary Offences Act 1988

What it is:

Using “offensive language” in or near a public place or school.

Is swearing a crime? Not necessarily.

NSW courts have repeatedly held that not all swearing is illegal. The test is whether language would offend a “reasonable person”.

One of the most important real cases is:

Police v Butler (2003)

A man said “f*** off” to police. The court held this was not offensive enough to be a crime given its common use in everyday language.
This case is still cited regularly.

Ball v McIntyre (1966)

The court stressed that “offensive” must go beyond annoyance or irritation and involve something “calculated to wound the feelings, arouse anger or resentment”.

Under these cases, police often incorrectly charge individuals for ordinary swearing — especially when directed at officers.

Common Defences:

• The language was not actually “offensive” in the legal sense
• Context: frustration, intoxication, or responding to aggressive policing
• Language was not said in a public place
• Police unlawfully approached or detained the client first

2. Offensive Behaviour: s 4 Summary Offences Act

What counts as “offensive behaviour”?

Behaviour must be:

• In or near a public place
• Objectively likely to offend a reasonable person

Examples police often charge:

• Loud arguments
• Aggressive yelling
• Public urination (still debated, sometimes charged as offensive conduct)
• Throwing objects
• Drunken stumbling combined with yelling
• Displaying sexual behaviour in public

But again, courts often find police exaggerate.

Real case example:

Monis v R (2013) HCA 4

While not an offensive behaviour case, the High Court clarified the meaning of “offensive” in a criminal context, emphasising that conduct must be “seriously offensive” to justify restriction.

Defences:

• Behaviour was not actually offensive
• No “public place”, e.g., private courtyard or balcony
• Self-defence (if accused of aggressive behaviour)
• Police escalated unnecessarily

CCTV and bystander footage often contradict police narrative and can lead to dismissal.

3. Drunk and Disorderly: s 9 Summary Offences Act

This offence requires:

1. Being intoxicated in a public place, and
2. Engaging in disorderly conduct

“Disorderly” means behaviour that disturbs public order or peace, not simply being drunk.

Police misuse:

Clients frequently report being charged for simply stumbling, singing loudly, or refusing to “move on”.

Real legal guidance:

Daire v Stone (2020, NSWLC)

The court reaffirmed that the behaviour must actually disturb public order — not merely be annoying or loud.

Defences:

• You were not disorderly
• You were not intoxicated (police often rely on subjective assessment)
• Police order was unlawful or unreasonable
• Move-on power was misused prior to the arrest

4. Resist Police: s 546C Crimes Act 1900

This charge is extremely common because police lay it whenever physical force occurs, even minimal.

You can be charged with “resist” if you:

• Pull your arm away
• Stiffen your body
• Step back
• Try to walk away
• React instinctively

But the law is clear:

Police action must be lawful for a resist charge to succeed.

This includes:

• Lawful arrest
• Lawful search
• Lawful request for details
• Proper cautioning

Real case example:

R v K (2007)

A young man was charged with resisting arrest, but the court held the original police detention was unlawful, therefore the resist charge could not stand.

Defences:

• The arrest/search/detention was unlawful
• Police used excessive force
• You acted reflexively or in fear
• Misidentification

We often use body-worn camera footage and CCTV to show police were the aggressors.

5. Hinder or Obstruct Police, s 546C

This is even broader than “resist”.
You can be charged for simply:

• Standing too close
• Asking police questions
• Recording them
• Being slow to comply
• Moving your hands
• Trying to protect a friend

High-profile example:

Case of the 16-year-old boy strip searched at a NSW festival (LECC Inquiry 2020)

He was initially accused of “hindering police” because he questioned the legality of a strip search. The LECC later found the police were at fault, and the child had done nothing unlawful.

This case is regularly referenced in discussions about police overreach.

Defences:

• No actual hindrance occurred
• Police acted unlawfully first
• You had a legal excuse (e.g., filming police is lawful in NSW)
• Misunderstanding, not intentional obstruction

6. Public Order Charges and Police Overreach: A Growing Legal Trend

NSW Ombudsman, LECC inquiries, and numerous court decisions have highlighted:

• Unlawful detentions
• Improper use of move-on powers
• Unnecessary force
• Unlawful strip searches
• Misuse of offensive language charges

Public concern reached a peak during:

• LECC investigations into strip searches
• Highly publicised arrests during the pandemic
• Sydney CBD “offensive language” cases later dismissed

Courts often emphasise:
Public order charges must not be used to punish disrespect toward police.

7. How National Criminal Lawyers® Defend These Charges

Our defence strategies include:

Challenging the legality of police conduct

If the stop, arrest or search was unlawful, any resulting charge may be invalid.

Using CCTV and mobile footage

This often contradicts exaggerated police versions.

Arguing the behaviour was not “offensive” or “disorderly” in law

Using cases like Police v Butler and Ball v McIntyre.

Exposing excessive force or escalation by police

This is especially powerful in resist/hinder cases.

Negotiating withdrawals through Letters of Representation

Many public order cases collapse once our firm exposes evidence weaknesses.

Seeking non-conviction outcomes

If guilt is accepted, we pursue:

• Section 10 dismissals
• CRO without conviction

Conclusion: A Minor Incident Should Not Become a Criminal Record

Most public order offences arise from:

• Misunderstandings
• Frustration
• Intoxication
• Overzealous policing

They are often legally weak and highly defendable.

If you’ve been charged with offensive behaviour, offensive language, resist police or hinder police, contact National Criminal Lawyers® immediately.

We’ll analyse police conduct, gather CCTV, and fight to protect your record.

📞 Call 1800 CRIM LAW
📍 Sydney | Parramatta | Blacktown | Penrith