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ARTICLE · 05 JULY 2022

Grossly Offensive Criminal Law is exactly that

Article exposes the many issues with the proposed subjective offence of grossly offensive public conduct.

AustraliaCriminal Law

The most obvious problem with the newly proposed offence of grossly offensive public conduct is its inherent uncertainty. The impossibility of knowing in advance what kind of conduct you could go to jail for means this proposed crime violates the rule of law.

The subjectivity of what constitutes "grossly offensive" conduct will invariably mean once charged, the case will (or should) run to contest on nearly every occasion, exacerbating already over-burdened courts.

Its inherent subjectivity will lead to discriminatory practices that favour preferred members of society like police officers, and prejudice minorities and people already vulnerable before the law.

But there are so many other problems with this proposed law as well.

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