Melbourne Train Passengers Treated To A Show

, Melbourne Train Passengers Treated To A Show

Melbourne Train Passengers Treated To A Show

A train streaker in Melbourne was cheered on through a packed train when he did a good ol’ fashioned slip’n’slide. Video footage of this can be found here.

THE STORY

A naked man was filmed sliding naked down the aisle of a Melbourne train carriage. Fellow passengers cheered him on whilst he covered his genitals with one hand and made his way down the carriage. He then hurled himself onto the floor and slid down the aisle a few metres, on his stomach. The floor appears to have been wet, covered in a liquid, most likely soap, to ensure ultimate slipperiness.

It is believed the incident took place just after 9.30pm two days ago.

A spokesperson for Metro condemned the behaviour and urged passengers to contact Metro staff or police straight away if they witness similar behaviour.

“Passenger safety is Metro’s number one priority and this type of behaviour is completely unacceptable on public transport,” the statement read.

“If passengers witness anything of this nature on board a train, we urge them to press the emergency call button to alert Metro staff or to call police.

We encourage our passengers to be mindful of those around them, which means behaving in a respectful and community-minded way.”

WHAT IS OBSCENE EXPOSURE?

Obscene exposure is the deliberate exposure in public or in view of the general public by a person of a portion or portions of their body, in circumstances where the exposure is contrary to local moral or other standards of appropriate behaviour.

Case Law/Jurisdiction

An offence of Obscene Exposure is what is known as 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 remarked in a joint judgment:

“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.”

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.

What Must The Prosecution Prove?

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

The Prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the Prosecution must achieve before someone can be convicted of Obscene Exposure.

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

Maximum Penalties

For Obscene Exposure offenders the maximum penalty is imprisonment for 6 months or fine $1100, or both.

Please note these penalties are reserved for the worst kind of offending and are unlikely to be what you would receive.

For more information on this offence, take a look at our dedicated page here.

WHAT IS OFFENSIVE CONDUCT?

Offensive conduct is a wide charge that is often laid when it is difficult for police to prosecute a more specific offence. The charge can be laid in relation to alleged assaults or verbal abuse to simple “anti-social behaviour”.

Case Law/Jurisdiction

An offence of Offensive conduct is a summary offence under the relevant legislation, which means it is to be dealt with in the Local Court.

The nature and elements of the offence of offensive conduct were considered In Worcester v Smith [1951] VLR 316 at 318 wherein O’Bryan J held that “offensive” meant “…such as is calculated to wound the feelings, arouse anger or resentment or disgust in the mind of a reasonable person…”

As for reasonable excuse in Karpik v Zisis (1979) 5 Petty Sessions Review 2055, 2056 it was found that ”a reasonable excuse for profanity in a public place would be as part of ‘a reflex action…[such as following] a heavy implement falling on one’s foot”. This was confirmed in Conners v Craigie (1994) 76 A Crim R 502 where it was qualified by saying that the offensive behaviour must have been an immediate reaction to something, not a reaction to something which happened long ago.

THE LAW

Section 4 of the Summary Offences Act 1988 (NSW) states:

A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.

A person does not conduct himself or herself in an offensive manner merely by using offensive language.

Of course, there can be many different perceptions of what is offensive and not offensive. If you are unsure of this, have a read of our dedicated page for more information on this offence.

If you need legal advice or assistance, please contact us here.

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