Riot & Affray
Riot is defined as where 12 or more people (present together in a public or private place) use or threatens unlawful violence for a common purpose, and their conduct as such would cause a person of reasonable firmness present at the scene (or need not actually or likely to be present at the scene) to fear for their personal safety.
The violence can be towards property or violent conduct towards people. It can include throwing something which does not necessarily have to hit another person.
It does not matter if the 12 or more persons use or threaten unlawful violence all at once. The common purpose can be drawn from your body language or even the words you speak.
You may be found guilty of riot if you intend to use violence or that you are aware that your conduct may be violent. Riot carries a full time custodial sentence of up to 15 years.
Affray is defined as when one person uses or threatens unlawful violence towards another person and whose conduct would cause a person of reasonable firmness present at the scene (or need not actually or likely to be present at the scene) to fear for their personal safety. A threat, for example, cannot be made just by using words alone.
You may be found guilty of affray if you intend to use or threaten violence or that you are aware that your conduct may be violent or threaten violence.
Affray carries a full time custodial sentence of up to 10 years.
Call us today on (02) 9891 4200 if you have been charged with riot or affray. We are here to help you.
