Note: The common law offence of Rout was abolished by the Crimes Act 1958 ss195G to 195I which commenced operation on 13 September 2017. It was replaced by the statutory offence of Violent Disorder.
Rout is an extremely rare charge and is a public order offence that has many similarities to riot.
Common law offences are sometimes referred to as “Judge made law” because they do not come under particular legislation but rather arise from the Courts.
The Maximum Penalty for this offence is reserved only for the very worst example of the charge.
To prove Rout the prosecution, in essence, must prove –
- A minimum of three people were assembled with a common purpose.
- The accused was one of those people assembled
- They were executing but had not completed their common purpose.
- The accused intended to help other people assembled, by force if necessary, against any person who might oppose the assembly – in the execution of the common purpose.
As you would expect the main defence to Rout is generally going to be a factual dispute as to what actually
happened and what intention actions were taken with.
Rout is considered a serious enough offence that it would generally be heard in the County Court.
In a case of Rout, the following defences may be applicable to the charge:
- Lack of Criminal Intent
- Mistaken Identity
- Factual Dispute and Concept of Beyond Reasonable Doubt
What penalties can be imposed for a charge of Rout?
- Deferral of Sentencing
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Rout?
There is no specific legislation for the charge of Rout as this is a common law offence.