Police v Butler [2003] NSWLC 2

Police v Butler [2003] NSWLC 2

Although the defendant's conduct was ill-advised, rude and improper, community standards had changed and the magistrate was not satisfied beyond a reasonable doubt that the repeated use of "fuck" and its derivatives in the factual circumstances was offensive within the meaning of the Act to a reasonably tolerant, understanding and contemporary person.

Jurisdiction
Australia
Judgment Date
14 June 2002
Procedural Posture
Criminal Prosecution for Offensive Language / Local Court Decision on Summons; Prosecution Relied on Tendered Brief and Defence Called No Evidence
Outcome
Charge dismissed
Legal Topics
['summary Offences' 'offensive Language' 'public Order' 'community Standards' 'reasonable Person Test']
['criminal Law'] ['summary Offences' 'offensive Language' 'public Order' 'community Standards' 'reasonable Person Test']

Case Brief

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Procedural Posture

Criminal Prosecution for Offensive Language / Local Court Decision on Summons; Prosecution Relied on Tendered Brief and Defence Called No Evidence

Legal Issues

  1. 1 ['Whether the defendant\'s repeated use of the word "fuck" and its derivatives, shouted in the circumstances of a neighbourhood dispute and capable of being heard from a public place, was offensive language within the meaning of the Act.' 'Whether the prosecution proved beyond a reasonable doubt that the language would wound, anger or outrage a reasonably tolerant, understanding and contemporary person.']

Ratio Decidendi

Although the defendant's conduct was ill-advised, rude and improper, community standards had changed and the magistrate was not satisfied beyond a reasonable doubt that the repeated use of "fuck" and its derivatives in the factual circumstances was offensive within the meaning of the Act to a reasonably tolerant, understanding and contemporary person.

Court Disposition

Charge dismissed

Orders

  • ['Charge of offensive language dismissed.']