WA Criminal Law

Section 74A: A person who behaves in a disorderly manner in a public place or in the sight or hearing of any person who is in a public place or who behaves in a disorderly manner in a police station or lock-up, is guilty of an offence.

“Disorderly Behaviour” includes:

(1) Using insulting, threatening or offensive language; and
(2) Behaving in an insulting, threatening or offensive manner.

It is lawful for a person, without a warrant, to arrest any person who is, or who the person reasonably suspects, is in the course of committing an offence of disorderly behaviour in public.

The maximum penalty is a fine of $6,000.

(1) That the person was behaving in a disorderly manner;
(2) That the behaviour was in public or in the sight or hearing of people who are in public; or
(3) That the disorderly behaviour was in a police station or lock-up.

(a) Identification (ie. The accused is not the person who behaved in a disorderly manner);
(b) Insanity; and
(c) Duress.

The matter would be heard in the Magistrate’s Court.