– section 195I(1) of the Crimes Act 1958
The charge of riot applies to a group of 6 people or more. If they use or threaten unlawful violence for a common purpose and their joint conduct causes injury or damage to property, each member of the group can be found guilty of Violent Disorder.
Examples of Riot
- A group of people threaten a person in a pub and that person is in fear of their personal safety.
- A group of people threaten a person or small group of people after a sporting match.
- A group of people decide to damage a public statue/monument. It is destroyed and knocked over by the group.
Questions in cases like this
- How many people were involved?
- Was there a common purpose?
- Was injury or damage caused?
What are some of the possible defences to Violent Disorder?
Defences to this can be a factual dispute about who did what. By their very nature riots are a mess and it is often very hard to establish who did what.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
Maximum penalty and court that deals with this charge
This charge would be heard in the Magistrates’ or County Court depending on the severity of the circumstances. The maximum penalty is 10 years imprisonment, or 15 years imprisonment if the face covering is used to conceal identity or to protect from crowd controlling substances.
What is the legal definition of Riot?
6 or more people unite with a common purpose to injure or threaten a person or damage property.
“Have you been accused of violent disorder?”
S195I(1) of the Crimes Act 1958
Elements of the offence
The legal elements of the offences are, in essence – where six or more people are present with a common purpose which is executed or started to be executed. Each of them must have had an intent to help one another by force if necessary against anyone who opposes their purpose.
The prosecution must also establish that they used force or violence in such a manner as to intimidate by the standard of a reasonable person.
Other important resources
- Gang rioters face tough new jail sentences after more Moomba mayhem
- Sabotage accused face court over prison riot
- Victoria Police in pre-dawn operation in wake of Ravenhall Prison riot
- Palm Island man compensated for wrongful arrest after 2004 riots