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.
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