Mr Black was wearing a backpack and a black hoodie. Two police officers, conducting patrols in the area at the time, stopped George. Without giving him any reason for being stopped and questioned, the police officers insisted that he explain why he was in the area.
After asking several more times and without giving him any reason for being stopped, Mr Black eventually answered with “none of your fucking business”. He was immediately placed under arrest for offensive language. Only a few moments later, the police officer himself used the word “fucking”. After being detained and forcibly searched, Mr Black allegedly committed a further offensive language offence. He was subsequently issued with a CIN (criminal infringement notice).
RLC assisted Mr Black in challenging the CIN in the Local Court. It was argued that the statement “none of your fucking business” was not offensive, and even if it was offensive, an arrest was improper. The Local Court disagreed, finding that the statement was objectively offensive and that an arrest for the offence was proper to prevent the “repetition of the offence”. RLC subsequently lodged a a successful appeal in the District Court.
Although Mr Black is not Aboriginal, Aboriginal and Torres Strait Islander people are significantly over-represented in offensive language cases and moreover, a CIN or arrest for offensive language can be the precursor to more serious criminal charges (such as resist arrest or assault police). It is for these reasons that the offensive language provisions are under consideration by the Australian Law Reform Commission in the Inquiry into the Incarceration Rates of Aboriginal and Torres Strait Islander people.
See also: RLC media release
