Criminal Lawyers Melbourne

Unlawful assembly

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Josh Taaffe
Criminal Defence Lawyer


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Public Order Offences - VIC
The Law - Unlawful assembly

What the Law states - Unlawful assembly



Common law.

Maximum Penalty in Victoria



5 years

What the Prosecution must prove - Unlawful assembly - Vic


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

(b) The common purpose of the assembly involved the committing of a crime by open force or acting in a manner to endanger public peace.

(c) The accused was one of the persons assembled.


Possible Defences - Unlawful assembly


(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 Unlawful assembly


Magistrates' Court.
Appeal Unlawful assembly Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
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