Police V Paton [2009] NSWLC 34

Police V Paton [2009] NSWLC 34

In the circumstances, Paton's persistent use of the words "fucking idiot" in the foyer of Moree Police Station was offensive. The language was directed at Colleen Knox while she was seeking to make a complaint to police about Paton's violence when drunk, was used in a threatening and intimidatory context, continued after police warnings, and was disparaging of Knox and what she was trying to do. A reasonable person as defined by the authorities would find the persistent use of those words in those circumstances offensive.

Jurisdiction
Australia
Judgment Date
17 March 2009
Procedural Posture
Criminal / Decision After Hearing on Charge of Using Offensive Language
Outcome
The prosecution proved beyond reasonable doubt the charge of using offensive language.
Legal Topics
['offensive Language' 'public Place' 'summary Offences' 'objective Test for Offensiveness']
['criminal Law'] ['offensive Language' 'public Place' 'summary Offences' 'objective Test for Offensiveness']

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Procedural Posture

Criminal / Decision After Hearing on Charge of Using Offensive Language

Legal Issues

  1. 1 ['Whether Damian Paton\'s repeated use of the words "fucking idiot" in the foyer of Moree Police Station constituted offensive language under section 4A of the Summary Offences Act 1988.' 'Whether the offensiveness of the language should be assessed by reference to the circumstances and the reaction of a reasonable person.']

Ratio Decidendi

In the circumstances, Paton's persistent use of the words "fucking idiot" in the foyer of Moree Police Station was offensive. The language was directed at Colleen Knox while she was seeking to make a complaint to police about Paton's violence when drunk, was used in a threatening and intimidatory context, continued after police warnings, and was disparaging of Knox and what she was trying to do. A reasonable person as defined by the authorities would find the persistent use of those words in those circumstances offensive.

Court Disposition

The prosecution proved beyond reasonable doubt the charge of using offensive language.

Orders

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