What is a Riot?
Under the law, a riot is when you have 12 or more who are present together, use or threaten unlawful violence for a common purpose and their conduct as a whole would cause a reasonable person at the scene to fear for his or her personal safety.
This is an offence under s93B of the Crimes Act 1900 NSW.
The 12 or more people do not necessarily have to be using or threatening violence simultaneously.
In order to prove a charge of riot, the prosecution must prove beyond reasonable doubt:
- 12 or more person were present together; and
- Used or threatened to use unlawful violence for a common purpose; and
- Their conduct taken together was such that it would cause a person of reasonable firmness present at the scene to fear for his or her personal safety; and
- You were one of those present who used or threatened to use the unlawful violence for a common purpose.
- Necessity; and
- Self Defence
The maximum penalty if you are convicted in the Local Court is 2 years imprisonment.
The maximum penalty if you are convicted in the District Court is 15 years imprisonment.
If you or someone you know has been charged with riot, Please contact Benjamin & Leonardo Criminal Defence Lawyers for your FREE conference.