Public Nuisance & Obstruct Police — Fixed Fee
$950 — Fixed Fee
Fixed Fees: Public nuisance — Magistrates Court plea — $950 fixed Assault or obstruct police (s 790) — Magistrates Court plea — $2,100 fixed Serious assault of a police officer (indictable) — $4,800 fixed Contested hearing — $5,500 Covers : review of the charge and QP9, advice on whether a conviction is likely to be recorded, sentencing submissions, character reference guidance, and full court appearance. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Review of the charge and facts. Reading the QP9 and police account in full — what conduct is alleged, where it occurred, and whether the licensed premises higher penalty applies. Honest advice on the likely outcome. Whether a fine, bond, or no conviction recorded is realistic in your specific circumstances, including your prior history. Advice on whether the charge should be contested. Where the conduct alleged does not meet the legal elements, or the police version is inaccurate, a defended hearing is the right path. Negotiation with police prosecutors. Where the facts are capable of being amended or a more serious charge is involved alongside the public nuisance or obstruct count, representations before the plea date are often worthwhile. Sentencing submissions. Written and oral submissions addressing your circumstances, the context of the incident, and any matters relevant to whether a conviction is recorded. Character reference guidance. Advice on who should provide references and what they should address for your specific charge and circumstances. Full court appearance at the Cairns Magistrates Court by Sacha.
Most People Do Not Expect to End Up Before a Court
Public nuisance and assault or obstruct police charges come out of a single incident — typically a night out, an argument in a public place, or a confrontation that escalated. By the time the charge notice arrives, the night is long over. The question is what happens next. For many people, this is their first contact with the criminal justice system. The charges are at the less serious end of the spectrum, but that does not mean the consequences are trivial. A recorded conviction for assault or obstructing police can affect employment, licensing, and travel. A public nuisance conviction, while minor on its face, is a criminal record entry that does not disappear on its own. The outcome depends almost entirely on preparation and presentation. Courts deal with these charges every day. The difference between a recorded conviction and no conviction, or between a fine and a good behaviour bond, comes down to how the matter is put before the Magistrate — and that is what Sacha ares there for.
What Each Charge Actually Means
Public nuisance — Summary Offences Act 2005 (Qld), s 6 Public nuisance is a simple offence — the lowest category in Queensland law, dealt with entirely in the Magistrates Court. The prosecution must prove that the person behaved in a disorderly, offensive, threatening, or violent way, and that the behaviour interfered or was likely to interfere with a member of the public's enjoyment of a public place. Offensive language, threatening behaviour, and public fighting all fall within the definition. The maximum penalty is a $1,727 fine or 6 months imprisonment for a standard offence. Near licensed premises — which in Cairns means anywhere in or around the CBD entertainment precinct — the maximum fine rises to $4,317.50. In practice, around 75% of adults sentenced for public nuisance receive a monetary order, with an average fine of $484 according to Queensland Sentencing Council data. Actual imprisonment is uncommon — under 4% of sentenced adults. For first offenders, no conviction recorded is a realistic outcome. Police can also issue an infringement notice for public nuisance. If the notice is paid, there is no court appearance and no criminal conviction. Assault or obstruct police — Police Powers and Responsibilities Act 2000 (Qld), s 790 Section 790 makes it an offence to assault or obstruct a police officer in the performance of their duties. Obstruct includes hinder, resist, and attempt to obstruct — it is interpreted broadly and does not require physical contact. Giving false information to police, physically resisting an arrest, or interfering with the arrest of another person all fall within it. The maximum penalty is a $6,908 fine or 6 months imprisonment for a standard offence. Near licensed premises, the maximum rises to $10,362 or 12 months imprisonment. A fine or community service is the most common outcome in the Magistrates Court. Imprisonment is generally reserved for repeat offenders or cases involving significant violence. This charge is commonly laid alongside public nuisance arising from the same incident. A conviction for assault or obstruct police carries more weight than public nuisance — it directly names police as the victim — and that is reflected in how courts approach it at sentencing. Serious assault of a police officer — Criminal Code Act 1899 (Qld), s 340(1)(b) Where the conduct goes beyond the summary threshold — bodily harm caused, spitting or biting, or a weapon involved — police will charge serious assault under s 340 of the Criminal Code rather than s 790 PPRA. This is an indictable offence carrying a maximum of 7 years imprisonment, rising to 14 years where the assault involved bodily harm, spitting or throwing bodily fluid, or a weapon. It is a materially different charge: it can proceed in the District Court, ~41% of sentenced adults receive actual custody, and preparation is considerably more involved. Fixed fee $4,800. See our Assault Lawyer Cairns page for full detail on that charge.
The Cairns CBD Changes the Penalty Tier
Cairns CBD is a designated Queensland Safe Night Precinct. For offences occurring within or in the vicinity of licensed premises — which in practice means anywhere in the CBD entertainment precinct — both the public nuisance and assault or obstruct police charges attract the higher penalty maximum. Under s 6 of the Summary Offences Act 2005 (Qld), a charge that would otherwise carry a $1,727 maximum becomes $4,317.50. Under s 790 of the Police Powers and Responsibilities Act 2000 (Qld), a charge that would otherwise carry a $6,908 maximum becomes $10,362. The higher tier does not make imprisonment more likely for a first offender. But it matters to the prosecution's approach to the charge and it matters to any infringement notice eligibility. Whether the licensed premises tier is properly engaged on the facts is something Sacha looks at in every matter — because the prosecution does not always get it right.
What Changes the Outcome
Whether this is a first offence. Courts deal with these charges regularly. A person with no prior criminal history, a genuine explanation for the circumstances, and proper preparation has a realistic prospect of no conviction recorded — particularly for public nuisance. Whether the licensed premises tier applies. The higher penalty tier requires proof the offence occurred within or in the vicinity of licensed premises. Where that element is not clearly established, it should be contested. The accuracy of the police version of events. The QP9 is the prosecution's account. Where it overstates what happened, mischaracterises the conduct, or omits context that matters, that is addressed before the plea date. Whether the obstruct charge is properly made out. Obstruction requires more than non-compliance with a police request. Arguing with police, questioning a direction, or refusing to cooperate without more does not meet the legal threshold. Where the conduct alleged falls short of the elements, the charge should be contested. Personal circumstances and impact. Employment, professional licences, travel plans, and the circumstances of the incident are all relevant to whether a conviction is recorded. Courts have a broad discretion — how those matters are presented determines how that discretion is exercised. Whether charges can be reduced or resolved without a conviction. In appropriate cases, representations to the prosecution before the plea date can result in amended facts, a reduced charge, or an approach that makes no conviction recorded more likely.
What Sacha Focuses On
The first step is reading the QP9 in full. These charges are often laid in circumstances where the police version is compressed or the context is missing. Before any advice is given about an outcome, the facts alleged are reviewed against what the client actually experienced and against what the prosecution needs to prove. For assault or obstruct police charges, the elements matter. Obstruction has a specific meaning in Queensland law, and not everything police describe as resistance or obstruction meets it. Where there is a real question about whether the conduct alleged constitutes the offence, the matter should be defended — and Sacha advises honestly about whether that is the right call, including the risks. For plea matters, sentencing preparation focuses on what is needed to achieve the best available outcome for this particular client. No conviction recorded is not automatic — it depends on the charge, the facts, and the person's history and circumstances. Sacha builds the case for that outcome specifically, rather than treating every public nuisance or obstruct plea as identical.
FREQUENTLY ASKED QUESTIONS
Will I get a criminal record for public nuisance? Not necessarily. Courts have discretion not to record a conviction under s 12 of the Penalties and Sentences Act 1992 (Qld), particularly for first offenders. Police can also resolve the matter with an infringement notice — if paid, there is no court appearance and no conviction. The realistic outcome depends on your history and the circumstances of the charge. I was charged with both public nuisance and obstruct police from the same incident — is that common? Yes. These charges frequently arise together and are prosecuted in the same court event. The public nuisance charge relates to the original conduct in the public place; the obstruct charge relates to what happened when police intervened. Both are dealt with in the Magistrates Court. Does it matter that I was near a bar or club when it happened? Yes. Both offences carry a higher penalty maximum if committed within or in the vicinity of licensed premises. In the Cairns CBD, most public nuisance and obstruct police charges will involve licensed premises proximity. Whether the higher tier actually applies depends on where exactly the conduct occurred and whether the prosecution can establish the licensed premises element. What does "obstruct" mean legally? Under s 790 of the Police Powers and Responsibilities Act 2000 (Qld), obstruct includes hinder, resist, and attempt to obstruct. It requires something more than verbal non-compliance or questioning a police direction — there must be conduct that makes the officer's lawful duties more difficult to perform. Where the alleged obstruction falls short of that threshold, the charge should be contested. Can I be issued an infringement notice instead of going to court? For public nuisance, yes — police have discretion to issue an infringement notice, and if it is paid, there is no court appearance and no conviction. For obstruct police, an infringement notice is only available in limited circumstances where the obstruction arose directly in connection with a public nuisance offence. I have a professional licence or work overseas — does a conviction affect those things? It can. A conviction for assault or obstructing police is a criminal record entry that appears on a national police check. Whether it affects a specific professional registration or visa depends on the context, but Sacha advises on those implications as part of every matter — the goal is to achieve an outcome that does not compromise what you have built outside of this charge.