Riot
Riot is an offence under section 93B of the Crimes Act 1900, which carries a maximum penalty of 15 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were one of twelve or more persons present together
- You used or threatened unlawful violence
- You intended to use violence or were aware your conduct was violent
- The conduct of your group was for a common purpose, and
- The conduct of your group as a whole would cause a person of reasonable firmness who might be present at the scene to fear for his or her personal safety.
The section makes clear that:
- It is immaterial whether you used or threatened unlawful violence at the same time as other members of the group
- No person/s other than your group’s members need actually be present at the scene
- The offence can occur in public as well as private places, and
- The ‘common purpose’ may be inferred from the conduct of the group as a whole.
Defences to the charge include:
- Self defence
- Duress, and
- Necessity.
What Our Clients Say SEE ALL
-
★★★★★
I got the outcome I needed
Thanks to Fred Coa I got the outcome I needed. He's an excellent insightful lawyer…
-
★★★★★
All 5 charges dismissed and not guilty
After a long drawn out case and a difficult hearing Mr Fred Cao, well prepared…
-
★★★★★
The judge gave the best result of innocence
在Fred的不懈坚持和斡旋下，检察官与警方最终在我的case上做出让步，最后法官也给了无罪的最好结果，同样的case发生在我朋友上就完全是不一样的结果，Fred的能力和责任心在这次问题的解决上完全体现了出来 With Fred’s perseverance and mediation, the prosecutor and the police finally made concessions on…
-
★★★★★
Went above and beyond to help me out
10 months ago. Highly professional staff that went above and beyond to help me out.…