Violent Disorder

Violent Disorder is a crime under section 11A of the Summary Offences Act 1988 which carries a maximum penalty of 6 months in prison

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You were one of three or more persons present together
  2. You threatened or used unlawful violence
  3. You intended to threaten or use unlawful violence, or you were aware your conduct may amount to violence, and
  4. The conduct of your group taken as a whole would cause a person of reasonable firmness to fear for their personal safety.

Your unlawful violence does not need to occur at the same time as that of the others, no person needs to actually be present at the scene, and the offence can occur in private as well as public places.

‘Violence’ includes:

violent conduct towards property or persons, and violent conduct which is not intended to cause injury or damage such as throwing an object towards a person but intending to miss them.

Going to Court? (02) 9261 8881

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