The maximum penalty for the offence of riot is 15 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
Riot – section 93B(1)
The most common penalty imposed for riot under section 93B(1) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then fine only.
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 7 months.
In the Higher Courts
Riot – committed on or after 15/12/2005 – section 93B(1)
The most common penalty imposed for attempts to murder by other means under section 30 of the Crimes Act is imprisonment, followed by intensive correction order.
The average full term prison sentence imposed for the offence is 1.5 years and the average non-parole period (the minimum term in prison) is 1 year.
For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.