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Riot

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


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Assaults / Violence Offences - VIC
The Law - Riot

What the Law states - Riot


This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.

If you look at what must be proved that is basically what the law is in relation to this charge.

There is then a lot of case law that explains this law in greater detail.

Maximum Penalty in Victoria


10 years imprisonment

What the Prosecution must prove - Riot - Vic


1 That three or more people were present

2. That these people had a common purpose

3. That they executed, or started the execution, of this purpose

4. An intent to help one another by force if necessary against anone who opposed them

5. That they used force or violence in such a manner as to terrify at least one person of reasonable firmness

Possible Defences - Riot


Factual dispute

Lack of intent

Which court will hear the charge of Riot



County Court
Appeal Riot Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne