Is Urinating in Public a Crime?

 

To the average person, stadiums look nothing like a urinal.

For one Australian man, however, the appearance of a bathroom clearly caused some confusion after he decided that the top of the Sydney Cricket Ground (SCG) would be a suitable place to release his bladder.

The astonishing incident allegedly took place when 31-year-old rugby fan, Daniel King, decided he would somehow clamber his way to the roof of the renowned sports arena’s Bill O’Reilly Stand, perhaps lost on the way to the actual bathroom, and then simply take a leak off the roof.

Indeed, as the Wallabies squared off against England in what was the third rugby game of the summer series, it was evident the man didn’t want to miss any of the action.

As many would expect, Mr King was quickly arrested for his offensive behaviour.

Working against him was the fact that social media footage emerged of the man urinating in the public setting, to both the displeasure and the amusement of many.

This led officers attached to Surry Hills police area command along with police rescue crews to promptly remove the man and make the arrest.

According to a NSW Police spokesperson, Mr King was then taken to Surry Hills police station and charged.

“About 9.20pm, Saturday 16 July, a man was at a sporting stadium at Moore Park when he allegedly climbed onto the top of a scoreboard within the stadium, and onto the roof of a spectator’s stand,” the spokesperson said.

“Officers attached to Surry Hills police area command and the police rescue attended and safely removed the man a short time later, before he was arrested.”

Mr King was charged with behaving in an offensive manner in/near a public place.

He was also charged with climbing on buildings on scheduled lands without approval and can now expect a two-year ban from attending the SCG.

Mr King has since been granted conditional bail.

He will appear in court at the end of July where the penalty for his offensive actions will be decided by a judge.

 

NSW Government Toughens Down on Anti-Social Behaviour Including Being Drunk and Urinating in Public

Whether your bladder is full or you’re in the mood for some drunken idiocy, urinating in public is considered offensive to the community.

Nevertheless, the anti-social behaviour seems to continue on our streets despite measures taken by police and businesses such as bars to deter it.

As a result of the rise in incidents, back in 2014, the NSW Government announced that on-the-spot fines would increase for anyone engaging in drunken or anti-social conduct.

The crackdown was designed to deter drug- and alcohol-fuelled violence, and significantly, send a message to drunken members of the community participating in anti-social behaviour that such conduct would not be tolerated.

In particular, swearing and urinating in public were condemned, with Minister for Police and Emergency Services at the time, Michael Gallacher, saying that the “community should not have to put up with such drunken behaviour”.

“We have more than 16,000 officers across the state who will be out in force to hand out Criminal Infringement Notices and make sure anyone who breaks the law has a very expensive night to remember their actions,” Minister Gallacher said.

 

What NSW Law says about Offensive Behaviour Such as Urinating in Public

In most countries and certainly across Australia, urinating in public is considered offensive behaviour.

This is because such an act defies the standards of behaviour and decency that society generally upholds.

In NSW, the law on offensive conduct is reflected in section 4 of the Summary Offences Act 1988.

Section 4 states that a person must not conduct themselves in an offensive manner in or near, or within view or hearing from, a public place or school.

The maximum penalty for an offence is a fine of $660 or imprisonment for three months.

It is worth noting that under this section, one does not conduct themselves in an offensive manner merely by using offensive language.

Furthermore, it is a sufficient defence to a prosecution for an offence if the defendant satisfies the court that they had a reasonable excuse for their behaviour.

Offensive conduct cases are considered “summary offences”, meaning that they are finalised in the Local Court, not the District or Supreme Court.

By Sahar Adatia.

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