Riot
Under section 93B of the Crimes Act 1900, it is a criminal offence to be a participant in a riot. Under this section, a riot is said to be 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.
The legislation also notes the following:
- The 12 or more persons do not have to use or threaten violence simultaneously for it to be classified as a riot;
- The common purpose of the group can be inferred from the conduct of the group taken as a whole;
- A person of reasonable firmness does not have to be present at the scene for it to be classified as a riot;
- A riot can be committed in both public and private places.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Riot | 2 years imprisonment and/or $11,000 fine | 15 years imprisonment |
Affray
Under section 93C of the Crimes Act 1900, an affray of committed when a person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.
The legislation also notes the following:
- If 2 of more people use or threaten violence, it is the conduct of them taken together that must be considered to determine whether there was an affray;
- Under this section, a ‘threat’ cannot be made by words alone;
- No person of reasonable firmness need actually be, or be likely to be, present at the scene for an affray to take place;
- An affray can be committed in both public and private places.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Affray | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment |