Public Order Offences – VIC

According to VIC Law – Riot

What the Law States according to VIC Law for Riot

According to VIC Law for the charge of Riot:

This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.

If you look at what must be proved that is basically what the law is in relation to this charge.

There is then a lot of case law that explains this law in greater detail.

The Maximum Penalty – Riot

According to VIC Law for the charge of Riot, 10 years.

What the Police must prove according to VIC Law for Riot

(i) there must have been at least three persons involved in the assembly;

(ii) they must have assembled with a common purpose;

(iii) the execution of the common purpose must have taken place;

(iv) there must be an intent on the part of the number of persons to help one another, by force if necessary, against any person who might oppose them in the execution of the common purpose;

(v) there must be force or violence, not merely used in and about the common purpose, but displayed in such a manner as to alarm at least one person of reasonable firmness and courage.

Possible Defences under VIC Law – Riot

1. Lack of a common purpose (mere presence in the crowd is not enough)
2. Factual dispute
3. Lack of intent

In VIC which court will hear the matter – Riot

County Court

 

Date: 09/01/2009