Riot

It is typically considered that the purpose of the offence of “riot” is to keep public order and to protect the community from being subjected to violence or the threat of violence when in public, particularly where there are large gatherings. An obvious example is when a group partakes in public protest. The law is in place to ensure that such protest does not get out of hand and turn violent. Despite the obvious examples of riot that come to mind, a closer examination of the law shows that the offence can cover a wide range of circumstances.

The Law

Pursuant to section 93B of the Crimes Act 1900:

Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.

Penalties

The maximum penalty for riot is 15 years’ imprisonment. If the matter is finalised in the Local Court, then the maximum penalty that can be imposed is 2 years’ imprisonment.

Commentary

It is important to understand that the law places certain qualifications on the offence of riot. Most notably, there is no requirement that a person of reasonable firmness must actually be present at the scene. The Court will instead assess the conduct of the accused and the surrounding circumstances to determine whether, if such a person had been present, they would have feared for their personal safety.

Another key point is that a riot can occur in private as well as public settings. This is contrary to the common assumption that riot offences only apply to public disturbances. A common example would be a group of 12 or more individuals “gate crashing” a private party and engaging in violent or threatening behaviour that would cause a person of reasonable firmness to fear for their safety.

If you have been charged with a riot offence, the Criminal Law Division at Prime Lawyers can assist. Our experienced criminal lawyers can advise you on your rights and develop a strong defence based on the facts of your case. Contact us today to arrange an appointment at your nearest Prime Lawyers office.

We have criminal lawyers in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.