Riot – s 93B Crimes Act

To be found guilty of riot, it is essential that the prosecution prove each of the following elements beyond a reasonable doubt that:

• There were 12 or more persons who were present together
• The group used or threatened unlawful violence for a ‘common purpose’
• The conduct of the group as a whole would cause a reasonable person who was at the scene to fear for his or her personal safety

If you feel that the prosecution will be unable to prove any one of these elements beyond a reasonable doubt, you may wish to plead ‘not guilty’ to the charges.

If you choose to plead ‘not guilty,’ you will be able to present evidence in court to prove your innocence – for example, you may be able to show that there were not 12 persons present at the time of the offence, or that the group did not share a ‘common purpose.’

You may also wish to raise a defence to explain your conduct, which if accepted will result in a finding of ‘not guilty.’ For example:

• Where you were coerced or threatened into participating in the riot (duress)
• Where you participated in the riot to defend yourself, another person or your property (self-defence)
• Where you participated in the riot to prevent serious injury or danger (necessity)

If you have been charged with riot, it is essential that you get an experienced criminal lawyer with a proven track record of fighting and winning riot cases on your side.

An experienced lawyer will be able to provide sound advice on the best options in your case, including whether you are able to raise a defence to fight the charges.

The various penalties that the court can impose include:

• • • Section 10 Dismissal
    • Conditional Release Order
    • Fine
    • Community Correction Order
    • Intensive Correction Order
    • Prison

Remember, you can increase your chances of getting a favourable outcome in your riot case by engaging an experienced criminal lawyer with a proven track record of fighting and winning riot cases.

If you’ve been charged with riot, it’s important to equip yourself with as much relevant information as possible to ensure that you fully understand the charges and the impact that they could have on your life.

We have provided some additional information below to assist you in understanding the offence of riot.

What does the prosecution have to prove?

Before you can be found guilty of riot, the prosecution must prove three things beyond a reasonable doubt:

1) There were 12 or more persons who were present together

For there to be a riot, there must be at least 12 persons who were together at the same place at the same time.

2) The group used or threatened unlawful violence for a ‘common purpose’

The group must have a common purpose for their unlawful violence – for example, the group may wish to address the prior conduct of a particular racial group (as was the case in the 2005 Cronulla Riots). Alternatively, they may be protesting or campaigning for a specific cause.

The prosecution must show that the group intended to use violence, or that the group was aware that its conduct may cause someone to fear violence.

Violence can include damage or injury caused to persons or property, as well as any conduct which may result in injury – for example, throwing objects that are capable of causing injury at other persons, even if your actions do not result in injury.

There must be evidence of a physical act, such as the making of threatening movements or gestures. Words alone will not be enough to constitute a riot.

The threatening conduct may occur in either a public or a private place.

3) The conduct of the group as a whole would cause a reasonable person who was at the scene to fear for his or her personal safety

The group’s conduct must be shown to cause an ordinary person to fear for their safety.

However, it is not necessary for other people to actually be around for there to be a riot.

What penalties could I face?

The law states that the maximum penalty for riot is 2 years imprisonment when it is dealt with in the Local Court, or 15 years imprisonment if the prosecution chooses to have the matter heard in the District Court.

Ultimately, the penalty that you will receive depends on a wide range of factors, including the nature and seriousness of the violence, the number of people involved, any damage or injuries inflicted upon persons or property, as well as other things such as your prior criminal record.

Statistics indicate that the most common penalty imposed is a suspended sentence where your matter is dealt with in the Local Court, or imprisonment for a total period of 2 years where your matter is heard in the District Court.

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

1. Proven Track Record of Exceptional Results

   Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

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   Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

   We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

   Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

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   We have the best and most comprehensive client review record of any law firm in Australia.

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   We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

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   All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

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    • the Sydney CBD, on Castlereagh Street, directly opposite Downing Centre Court,
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    • Sutherland.

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    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.