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Being Drunk In A Public Place

What the law says

Sections 10 0f the Summary Offences Act Queensland states:

A person must not be drunk or intoxicated in a public place

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused was in a public place.
  2. The accused was drunk.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Being Drunk in a Public Place is 2 penalty units

Which court will hear the matter

This matter is simple offence which means it is dealt with in the Magistrates Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Identification i.e. not the accused.
  2. The behaviour was not in a public place.
  3. The accused was not drunk.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Being Drunk in a Public Place matters)


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