Riot (NSW)

In New South Wales, It is an offence to engage in riot. A riot is a gathering of people who together use or threaten unlawful violence for a common purpose. This offence is similar to the offence of affray (LINK) but requires 12 or more people to be involved.  

The offence carries a maximum penalty of 15 years imprisonment.

What is the offence of Riot?

The offence of Riot is contained in section 93B of the Crimes Act 1900 (NSW) which states:

(1) Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is 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 riot and liable to imprisonment for 15 years.

The offence of Riot hinges on the use or threatened use of unlawful violence by 12 or more people. A person can be charged if there is actual physical violence against other people (such as kicking, pushing, punching), or if there are physical or verbal threats to do those things. These acts or threats must be enough to cause a person of ‘reasonable firmness’ to fear for their safety.  

It does not need to be proven that the group actually used or threatened unlawful violence simultaneously, or that a person of reasonable firmness was actually present at the scene of the Riot. Whether or not there was a ‘common purpose’ is something that doesn’t have to be proved specifically, and can be inferred from the conduct.

The following acts may constitute an offence of Riot:

• A large group of extremist protesters yelling at, grabbing and pushing workers and politicians as they walk into Parliament;
• A group of 15 young men who attend a football game of a rival club before running onto the field and getting into a brawl with them; and
• A group of people, during a peaceful protest, having an altercation with Police whereby 12 of them band together, walk right up to Police and start chanting aggressively in their faces “we will fuck you up” and “death to cops”.

What Must Be Proven?

For a person to be found guilty of Riot the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You were present in a group of 12 or more people;
• The group used or threatened violence;
• The violence was unlawful; and
• The group’s actions would cause a person of reasonable firmness to fear for their safety.

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means the matter will be finalised in the Local Court unless either the Prosecution or the Accused can elect to have it dealt with in the District Court. 

Possible Defences to Riot

The following defences may be available for a Riot charge:

• To argue that you were not part of the group;
• To argue that the group was not of 12 or more people;
• To argue that there was no use or threats of violence;
• To argue that the use or threats of violence were lawful;
• To argue that a person of reasonable firmness would not have feared for their safety; and
• To raise self-defence, duress or necessity as a defence.

Common Questions about Riot

Will I receive a criminal conviction?

Probably. Where a person pleads guilty or is found guilty, a conviction and criminal record for this offence is likely. However, it remains possible to avoid a conviction. If a person was to plead not guilty and was acquitted, they would not receive a conviction. 

In NSW, a Court can impose any of the following penalties for this charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what a person does for a living. Some jobs require no criminal convictions, and a conviction might jeopardise a person’s employment or make it difficult to obtain visas for overseas travel. 

Will I go to Gaol for Riot?

Potentially. While the offence is not overly common, it is nevertheless very serious with a significant maximum penalty. Just over half of the people charged with Riot are sentenced to prison. Whether a person will receive a Gaol sentence depends on many factors including whether they plead or are found guilty, the circumstances of the offence itself, any prior criminal history and the person’s own circumstances. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.