Riots are an offence under section 93B of the Crimes Act. According to the Act, a riot occurs when there are 12 or more people present together who use or threaten unlawful violence for a common purpose.
There is a further requirement that the conduct of the group would cause a person of reasonable firmness present at the scene to fear for their personal safety.
The group does not have to engage in the conduct simultaneously, nor do they have to explicitly express their ‘common purpose’, the court can infer this from their conduct.
A person of reasonable firmness doesn’t actually need to be present; it will be sufficient if the prosecution can prove that a person of reasonable firmness would have feared for their safety had they been present.
The Act outlines that a riot may be committed in private as well as public places.
An experienced criminal lawyer will be able to identify any weaknesses in the Prosecution’s case and raise arguments in your favour, for example, by arguing that you were not part of the group or 12, or that a person of reasonable firmness would not have feared for their safety,
Our lawyers will also be able to determine whether defences such as necessity, duress or self-defence are applicable to your case.
Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.