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Written by
Darryl Ryan
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Public Order Offences - WA
Welcome to the WA Indecent Acts in Public article page. Everything you need to know about Indecent Acts in Public according to WA law - Dated: 30/11/2011

What the Law States according to WA Law for Indecent Acts in Public
According to WA Law for the charge of Indecent Acts in Public,

Section 203: Any person who does an indecent act in a public place or in the sight of any person who is in a public place or who does an indecent act in a police station or lock-up, is guilty of a crime.

The Maximum Penalty - Indecent Acts in Public
According to WA Law for the charge of Indecent Acts in Public,

If the matter is being heard by the District Court the maximum penalty is 2 years imprisonment. If the matter is being heard in the Magistrate’s Court, the maximum penalty is 9 months imprisonment and a fine of $9,000.

What the Police must prove according to WA Law for Indecent Acts in Public
(1) That the person did an indecent act;
(2) That the act was in public or in the sight of any person in public; or
(3) That the act was done in a police station or lock-up.

Possible Defences under WA Law - Indecent Acts in Public

(a) Identification (ie. The person accused is not the person who did the act);
(b) The act was not in public or able to be seen by people in public;
(c) The act was not indecent;
(d) The doing of the act was in the best interest of the public (this is a question of fact);
(e) insanity;
(f) Duress; and
(g) Emergency.

In WA which court will hear the matter - Indecent Acts in Public

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

This is an ‘either-way’ offence. Therefore, the offence is most often dealt with in the Magistrate’s Court. However, if the act is particularly serious, or if the offender is also facing other charges which are dealt with in the District Court, then the Prosecution can make an application for the indecent act charge to be committed to the District Court.

For more information on ‘either-way’ offences click here.

Call ADLA on 1300 331 331