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In NSW, a court can impose any of the following penalties for a violent disorder charge.
You'll find a brief description of each of these penalties at the bottom of this page.
Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of violent disorder, if heard in the Local Court, is likely to be a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.
For first time offenders the likely penalty is a fine of $400.
This matter is a summary matter and can only be finalised in the Local Court.
On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:
|Law Part||Short Description|
|28321||>= 3 people threaten violence cause fear|
|28322||>= 3 people use violence cause fear|
To convict you of a violent disorder charge, the police must prove each of the following matters beyond a reasonable doubt:
They will also need to prove that you were the person who committed the violent disorder offence.
Possible defences to a violent disorder charge include but are not limited to:
Section 10 for a violent disorder charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.
Fines for a violent disorder charge: When deciding the amount of a fine for a violent disorder charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.
Good behaviour bond for a violent disorder charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.
Community service order for a violent disorder charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.
Suspended sentence for a violent disorder charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.
Periodic detention for a violent disorder charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Intensive correction order for a violent disorder charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.