Barsha Defence Lawyers

Book FREE Consultation

Riot

public disorder offences

The offence of Riot is found in section 93B of the Crimes Act 1900 (NSW) which deems a person guilty if they use or threatens unlawful violence for a common purpose and the conduct of them (taken together) is as 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 an offence.

What is Riot in NSW?

The offence of riot centers on the use or threatened use of unlawful violence by a group of 12 or more individuals. This may involve physical violence, such as kicking, pushing, or punching others, or making threats to engage in such actions.

Importantly, these acts or threats must be substantial enough to cause a person of ‘reasonable firmness’ to fear for their safety. It’s noteworthy that the presence of a specific individual is not necessary for the offence to occur. Rather, it relies on an assessment of the violence or threats themselves. The more aggressive or serious they are, the more likely it is that a court will determine that a person of ‘reasonable firmness’ would fear for their safety in such circumstances.

If you’re facing charges related to rioting, seek legal counsel immediately. Our team can provide expert guidance and support to help navigate your legal situation.

You could be charged with Riot if you:

  1. Get into a fight in public with 12 people or more 
  2. Take part in a violent demonstration of 12 people or more (including protests)
  3. Getting involved in a two-sided brawl of 12 people or more

What must the prosecution prove?

Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

  • You were present with twelve or more people;
  • The group of twelve people or more was collectively using or threatening the use of violence;
  • .The group of twelve people or more, taken collectively, would cause a person of reasonable firmness to fear for their safety. 

What are the maximum penalties for this offence?

The maximum penalties for Riot in NSW is:

  • Fifteen years imprisonment.

What are the Defences?

Defendants facing charges of riot may present several defenses to challenge the allegations:

  1. Non-involvement: They may argue that they were not part of the group accused of rioting.
  2. Insufficient number of participants: They can claim that there were fewer than twelve individuals involved in the alleged riot.
  3. Absence of violence or threats: They might assert that there was no actual use or threat of violence during the incident.
  4. Lack of fear for safety: They could argue that a person of reasonable firmness would not have reasonably feared for their safety given the circumstances.

Each case is unique, and the effectiveness of these defenses depends on the specific details and evidence involved. Consulting with experienced legal counsel is crucial to building a strong defense strategy.

What are your options at Law?

If you are facing charges of Riot, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:
  1. Negotiate with prosecutors to withdraw or amend the charges.
  2. Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
  3. Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
  4. Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available. 

Will I go to Jail?

Sentencing options in New South Wales (NSW) encompass a range of penalties for criminal offenses. Each option has its considerations, and the court determines the most suitable penalty based on the severity of the offense, the offender’s circumstances, and other relevant factors. Understanding these sentencing options is crucial for anyone facing criminal charges in NSW. 
 
The type of penalties available in NSW for the offence of Riot include:

  1. Jail: The most severe penalty, involving full-time detention in a correctional facility.

  2. Home Detention: Formerly available as a standalone order, now part of Intensive Corrections Orders (ICO), allowing the serving of a sentence at home under strict supervision.

  3. Intensive Corrections Order (ICO): Replaced periodic detention, requiring compliance with conditions like counseling, abstaining from alcohol, curfews, and community service.

  4. Suspended Sentence: Formerly suspended upon entering a good behavior bond, it’s now obsolete. It entailed avoiding jail if the terms of the bond were upheld, applicable for sentences up to two years.

  5. Community Service Order (CSO): Replaced by Community Corrections Orders (CCO), involving unpaid community work or attending courses like anger management, with eligibility determined by probation service assessment.

  6. Good Behaviour Bond: Replaced by CCO, requiring adherence to specified conditions for a defined period, with a maximum duration of five years.

  7. Community Corrections Orders (CCO): Includes standard conditions like no further offenses and court appearance obligations, with additional conditions at court discretion or subsequent application.

  8. Fines: The amount decided considering financial circumstances, payable by the offender.

  9. Section 10A: Records a conviction with no additional penalty.

  10. Conditional Release Order (CRO): Includes standard conditions similar to CCO.

  11. Section 10 – Avoiding a Criminal Record: Provides an opportunity to avoid a conviction and criminal record upon guilty plea, at the court’s discretion.

Understanding the implications of each penalty is crucial, and seeking legal advice can help navigate through the options available.

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.

Charged With Rioting?

If you’re facing charges related to rioting, it’s crucial to seek legal guidance promptly. Our experienced team at Barsha Defence Lawyers offers expert advice and representation at affordable prices. Contact us now to schedule your initial consultation, free of charge. Don’t navigate this challenging situation alone—let us help you protect your rights and build a strong defense strategy.

Enquire Today