Offensive Conduct in NSW

Image credit: Willy Barton

Sahar Adatia.

 

Warning, readers! This post comes with a steamy *CODE BROWN ALERT*.

That’s right – poo’s in the news once again.

And this time, there’s even footage of the offender carrying out his stinking act *hides behind couch, scared*.

In this episode, a man from the UK decided that in broad daylight he would pull down his trousers and casually take a dump, right outside a Marks & Spencer store on Oxford Street in Central London.

When he was done, he wiped his bottom with some tissues (which he left behind on the pavement), took his sweet time to pull up his trousers and fasten them, then simply walked off – not a care in the world.

Horrified shoppers were forced to watch on as the man did his poo just metres away from the entrance to the Marks & Spencer Foodhall – meaning they were also able to capture footage of the incident.

In the grim clip, shared by news outlet The Sun UK, witnesses can be heard in the background expressing sounds of shock by his vile act, while other shoppers try to walk past and pretend it is not happening.

One man exclaims, “This guy has just s*** on the floor!”

Another woman remarks, “That’s disgusting”.

The person behind the camera then crosses the road to zoom in on the heap of excrement that the man left behind, indeed leaving everyone to wonder whether the offender audaciously assumed someone else would clean up his mess.

The pooper is then pursued down the street by a security guard from the Marks & Spencer store who appears to be reporting him over the phone.

 

No F***s Given… Serious Balls on the Man”: Footage of Pooper Does the Rounds on Twitter

Following the incident, which is alleged to have taken place on 1 May 2021, footage of the indecent act was shared to Twitter by the witness, causing a flurry of comments and activity.

Labelling the man as having “serious balls” to perform the revolting act in public, the witness captioned the tweet by writing: “So on Oxford Street today, a man decided he’d take a big s*** on the floor and just leave it there… no f***s given. Serious balls on the man. I have no words.”

The clip has since been viewed hundreds of times with many commenting the conduct was atrocious.

“I saw this!!! Disgusting,” one viewer exclaimed.

“Lock the c*** up …… danger to kids and women everywhere,” another person pressed.

 

Why Do People Poo in Public? A Psychological Perspective…

Indeed, for most of us, it remains quite they mystery as to why people feel the need to poo in public.

After all, despite common sense dictating that poo belongs in the toilet – or inside of us until then – every now and then, another news story emerges of someone who’s gone and defecated in public.

Pooing in public is often considered a radical act of rebellion.

But if you were to ask clinical forensic psychologist and anger management expert at Birmingham City University in England, Professor Mike Berry, he would tell you that a person may empty their bowels in public for a variety of reasons, including their level of anxiety, rage, whether they have an illness or are alcohol addicts, or perhaps that they even want to send a message.

Meanwhile, according to director of the British Association of Anger Management, Mike Fisher, a public pooper is often simply trying to stick two fingers up to the world.

“Usually it’s a statement like, ‘Life is shit, so stand in it’,” Mr Fisher says.

“I mean, somebody who defecates in public has mental health issues. It’s as simple as that. If you’re socialised, that’s the last thing that you would do.”

Mr Fisher also believes that people who defecate in public may have scatological tendencies – or put simply, “a fascination with their own poo”.

 

No Can Poo: Why You Can’t Empty Your Bowels in Public…

As most of us would reason, emptying your bowels in public is not just uncouth, it’s also against the law.

This is because the act is considered a form of offensive conduct.

So, what exactly is offensive conduct?

Put simply, offensive conduct refers to behaviour that would be deemed “offensive” according to contemporary social standards.

Accordingly, the charge ranges from offences that cover a spectrum “anti-social” behaviour – such as being drunk and rowdy – to verbal abuse.

Offensive conduct is an across-the-board offence that tends to be charged when police find it difficult to prosecute a more specific offence.

It is a crime that is actually prosecuted frequently and it can leave you facing some stinking fines.

Offensive Conduct in NSW

In NSW, section 4 of the Summary Offences Act 1988 deals with the offence of offensive conduct, outlining a maximum penalty of three months in jail and/or a fine of $660.

In fact, police also have the power to manage offensive conduct cases by issuing an on-the-spot fine.

Specifically, section 4 states that a person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.

If you are convicted of the offence, this results in a criminal record.

It should be noted that this does not include conducting oneself by using offensive language.

Additionally, as per section 4, a sufficient defence to a prosecution for an offensive conduct offence is if the defendant satisfies the court that the defendant had a reasonable excuse for conducting themselves in the manner alleged.

What is considered offensive in today’s time? The law says that conduct will be considered offensive if you conducted yourself in a way that would wound the feelings, arouse anger, disgust, resentment or outrage to a reasonable person’s mind, within view or hearing, or near a public place or school.

The reasonable person referred to here is someone who is not ‘thin-skinned’.

So, defecating in public would be considered offensive.

Questions? Call out criminal lawyers Sydney based today to arrange a consult.

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