Reality TV Stars Almost Egged

by Ugur Nedim

A 25-year-old woman from Punchbowl is facing court for throwing eggs at a stage where reality TV stars Kendall and Kylie Jenner were about to appear for a promotional event at Westfields in Parramatta.

The assailant is alleged to have ‘opened fire’ at the stage before security guards and police intervened, arresting and charging her with ‘offensive conduct’ and three counts of assault police officer in execution of duty.

She was granted bail and is scheduled to appear in Parramatta Local Court on the 14th of December.

The promotional event was delayed for 45 minutes while organisers installed a white curtain around the stage to shield the stars from a yolking.

Offensive Conduct in NSW

Offensive conduct is an offence under section 4 of the Summary Offences Act 1988 (NSW) (‘the Act’) which carries a maximum penalty of 3 months imprisonment and/or a fine of $660.

Under section 4A, using offensive language is also a crime – carrying a maximum penalty of 100 hours community service or a $660 fine.

For a person to be found guilty of either offence, it must be proved beyond reasonable doubt that they were ‘in or near, or within view or hearing from, a public place or a school’ and there language or conduct was ‘offensive’

A ‘public place’ is defined by section 3 of the Act as a place, or part of a premises, that is open to the public, or is used by the public. The definition includes shopping centres.

There is no list of words or conduct that are considered to be ‘offensive’; rather, courts apply the ‘reasonable person test’.

This means that the court will consider whether or not a ‘reasonable person’ would have found the language or conduct to be offensive in the circumstances. The courts have also said that the ‘reasonable person’ is not someone who is overly sensitive or easily offended.

It is a defence to either charge if the person had a ‘reasonable excuse for conducting himself or herself in the manner alleged’.

Fortunately, the Jenner’s survived their harrowing encounter and are set to provide us with many more hours of viewing pleasure.

Author

Ugur Nedim

Ugur Nedim is an Accredited Criminal Law Specialist with over 20 years of experience in criminal defence. He is the Principal of Sydney Criminal Lawyers®.

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