Criminal Lawyers Melbourne

Rout

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


Email your enquiry Make an appointment
03 9670 5111
Public Order Offences - VIC
The Law - Rout

What the Law states - Rout


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



5 years

What the Prosecution must prove - Rout - Vic


(a) At least three persons were involved in an assembly, assembled with a common purpose.

(b) The persons had commenced to execute their common purpose, but had not completed its execution.

(c) The accused was a member of those persons assembled.

(d) The accused intended to help the other persons assembled, by force if necessary, against any person who might oppose the assembly in the execution of its common purpose.

Possible Defences - Rout


(a) Duress.

(b) Factual dispute.

(c) Honest and reasonable mistake of belief.

(d) Identification dispute.

(e) Lack of intent.

(f) Mental impairment.

(g) Necessity.


Which court will hear the charge of Rout


County Court.
Appeal Rout 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