When 12 or more persons are present together in one place using or threatening unlawful violence it is classed as a ‘Riot’. If the their conduct (taken together) would cause other persons present at the scene to fear for their personal safety those involved will be charged with Riot – Section 93B of the Crimes Act 1900.
A riot offence is similar to an affray in that it can happen in more than one situation and can occur in both public or private places, in a meeting hall or a meeting place it is also similar to affray as in that another person or persons may not actually be present. However to be a Riot the group of people involved must have a common purpose for their behaviour.
A Riot charge is considered to be a very serious offence by the court and can carry a maximum prison sentence of 15 years. However their are possible defences that may be used, such as Duress, Self Defence or Necessity. However if the court in New South Wales finds you guilty of a riot offence expect any of the below penalties to be imposed:
- A section 10 dismissal -The violent disorder offence you have been charged with will be proven but dismissed
- A fine
- A Good Behaviour Bond
- A suspended sentence
- A Community Service Order or CSO
For more serious circumstances you can expect any of the following:
- An Intensive Correction Order (previously known as periodic detention)
- Home Detention
- A custodial (prison) sentence of up to 15 years
Will I be convicted of a Violent Disorder charge?
The police must prove beyond reasonable doubt that you were one of the twelve or more persons present and whilst present together you did use or threaten to use unlawful violence on another. They must also prove that you were acting with a conduct (taken together) that would cause another person of reasonable present there to fear for his or her personal safety.
Which court will I appear in for a charge of Riot?
Being a Table 1 (T1) offence means that either the DPP or the person who stands accused of the affray charge may elect to have the matter taken to the district court. However if neither party makes an election then the you will appear in Local Court for this offence.
