In NSW, the offence of riot is contained in the same Part of the Crimes Act as affray, which are ‘Offences in relation to Public Order.’ It is a particularly serious charge and carries a maximum penalty of 15 years imprisonment. Ultimately, the charge that is laid by the Police will depend on the number of people involved in relation to the altercation.
Section 93B of The Crimes Act 1900 states:
- 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 and liable to imprisonment for 10 years.
- It is immaterial whether or not the 12 or more persons use or threaten unlawful violence simultaneously.
- The common purpose may be inferred from conduct
- No person of reasonable firmness need actually be, or likely to be, present at the scene.
- Riot may be committed in private as well as public places.
Why McKenzie McLoughlin Law?
To put it simply, Josh McKenzie and James McLoughlin are the intelligent choice for representation in respect of allegations of criminal conduct, including riot. Their history as former prosecutors and defence lawyers means that they know how both sides work. This is a significant advantage when charged with a criminal matter. Josh and James know the law, the cases, and the available defences and feel strongly about their motto, “There are two side to every story, so let us tell yours.” Contact Josh and James for representation today.