This can include exhibitionism or public nudity. While the Act does not provide the meaning of the word ‘person,’ exposure in this context is taken to mean the revealing of your genitalia in a public place. It states that ‘a person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person.’ The offence of obscene exposure is found in s5 of the Summary Offences Act 1988 (NSW). This means that a conviction for obscene exposure under s5 of the Summary Offences Act will not generally place you on the Child Protection Register. The offence of obscene exposure however is not a “registrable offence”. The Children’s Guardian can refuse your working with children’s check clearance if you have a prior sexual offence such as obscene exposure under s23 of the Child Protection (Working with Children) Act 2012 (NSW). You are not allowed to work in a job that involves contact with children unless you have a working with children check clearance in NSW from the Children’s Guardian.You will always be required to disclosure it when asked if you have a prior conviction. As a consequence, it will stay on your record for your entire life as a criminal conviction. This has far reaching consequences that you may not be aware of, including: Where during that 10-year period, you were not convicted of any offence that carries a term of imprisonment as a penalty.įor more details on “spent convictions”, it’s important to have a close look at the Criminal Records Act for any particular case or contact our criminal lawyers Sydney, Parramatta or Liverpool offices.Ī conviction for obscene exposure under section 5 of the Summary Offences Act will therefore mean you will be treated as a sex offender. At least 10 years have passed since your last conviction.A conviction for an offence you had received a prison sentence of over 6 months and.A sexual offence includes an offence under s5 of the Summary Offences Act 1988 of obscene exposure and The previous offence you were convicted of was NOT:.drink driving, drugs, assault etc, you can answer “no” to a question, “do you have a criminal record?” if: If you have a previous criminal record i.e. Under s12 of the Criminal Records Act you’re not required to disclose your criminal conviction if the “crime-free period” has passed. Judge Armitage also warned the pair that there would be serious consequences if they engaged in similar behaviour in the future and their outcome was lucky.įollowing the court appearance, Hudson apologised for his misbehaviour and said the fine was fair. In spite of the overturned conviction, the fine remains in place to act as a deterrent. This would stay on a person’s record for their lifetime and impact their future job prospects. “By contrast, here the young men in question indulged in what was undoubtedly a foolish act running onto a cricket pitch in a state of nakedness in order to retrieve a cricket stump – no doubt as some kind of misguided trophy,” he said.ĭefence lawyers argued that if convicted, it would put the two men in the same category as sex offenders under the Criminal Records Act. In drawing a comparison, the judge stated that a man who flashes a woman and child in broad daylight would better fit an obscene description and charge. Reluctantly, Judge Armitage concluded that the demeanour did not fall under the classification of obscene. “It gets down, I think, to a question of whether it can be said that the behaviour of the appellants was obscene in the sense of which the authorities have spoken of it… as opposed to simply indecent,” the judge said. This came down to a decision from Judge Christopher Armitage who overturned their convictions for wilful and obscene exposure, clearing their names upon determining that while the Aussie larrikin pastime was “indecent,” it did not fit the definition of obscene. On August 6, 2018, after facing court for entering the cricket field nude, the two men had their fines reduced and their convictions overturned. The Penalties and Law on Offensive Conduct.The Penalties and Law on Obscene Exposure.
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