(3) In any proceedings for an offence under subsection (2), it is a defence for the accused person to prove—
- (a) in respect of a contravention of subsection (1)(b), that he had no reason to believe that the words or behaviour used, or the communication made, by him would be heard, seen or otherwise perceived by the victim; or
- (b) that his conduct was reasonable.
Threatening, abusing or insulting public servant or public service worker
6.—(1) No person shall by any means—
- (a) use any indecent, threatening, abusive or insulting words or behaviour; or
- (b) make any indecent, threatening, abusive or insulting communication,
towards or to a public servant or public service worker (referred to for the purposes of this section as the victim) in relation to the execution of the victim's duty as such public servant or public service worker.
(2) No offence is committed under this section unless the person knows or ought reasonably to know that the victim was acting in his capacity as a public servant or public service worker, as the case may be.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(4) In any proceedings for an offence under subsection (3), it is a defence for the accused person to prove—
- (a) that he had no reason to believe that the words or behaviour used, or the communication made, by him would be heard, seen or otherwise perceived by the victim; or
- (b) that his conduct was reasonable.
