Riot, Affray and Violent Disorder

How we can help:

We are experienced in dealing with these offences and if charged you should seek our advice. Timely legal advice can have a major effect on how your matter proceeds.  We have experienced trial counsel equipped to contest charges at trial or if you decide to plead guilty our experience will put you in the best position possible to receive a just outcome in the Courts.

Definition:

These are the trifecta of serious behavioural offences which can be committed in a public or private place.

Riot is committed when 12 or more people are present together and use or threaten unlawful violence for a common purpose, and that the conduct of them causes a person present at the scene to fear for their own personal safety. See s 83B of the Criminal Law Consolidation Act 1935

Affray is committed when a person uses or threatens unlawful violence towards another and whose conduct would cause a person of reasonable firmness present at the scene to fear for their personal safety. See s 83C of the Criminal Law Consolidation Act 1935

Violent Disorder is committed when three or more people present together use or threaten unlawful violence and the conduct of them taken together would cause a person of reasonable firmness to fear their personal safety.  See s 6A of the Summary Offences Act. 

Penalties:

The penalty for Riot is a maximum of 7 years imprisonment for a basic offence and up to 10 years for an aggravated offence. 

The penalty for a basic Affray offence is a maximum of 3 years imprisonment and for an aggravated offence the maximum is imprisonment for 5 years. 

The maximum penalty for Violent Disorder is a fine of $10 000 or imprisonment for 2 years.