Other Criminal Offences – VIC

Welcome to the VIC Rioters demolishing buildings article page. Everything you need to know about Rioters demolishing buildings according to VIC law.

What the Law States according to VIC Law for Rioters demolishing buildings

According to VIC Law for the charge of Rioters demolishing buildings,

Crimes Act 1958 – SECT 206
Rioters demolishing buildings

206. Rioters demolishing buildings

(1) Whosoever is one of any persons riotously and tumultuously assembled together to the disturbance of the public peace who unlawfully and with force demolish or pull down or destroy or begin to demolish pull down or destroy any church chapel meeting-house or other place of divine worship, or any house stable coach-house outhouse warehouse office shop mill malthouse hop-oast barn granary shed hovel or fold, or any building or erection used in farming land or in carrying on any trade or manufacture or any branch thereof, or any building other than such as are in this section before mentioned belonging to the Queen or the Government of Victoria or to any municipal council or belonging to any university, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution, or any machinery (whether fixed or movable) prepared for or employed in any manufacture or any steam-engine or other engine for sinking working ventilating or draining any mine, or any staith building or erection used in conducting the business of any mine or any bridge waggon-way tramway trunk or shoot for conveying minerals from any mine, shall be guilty of an indictable offence, and shall be liable to level 4 imprisonment (15 years maximum).

(2) Whosoever is one of any persons riotously and tumultuously assembled together to the disturbance of the public peace who unlawfully and with force injure or damage any such place building or erection or thing as is in the last subsection mentioned, shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).

The Maximum Penalty – Rioters demolishing buildings

According to VIC Law for the charge of Rioters demolishing buildings, 5 years.

What the Police must prove according to VIC Law for Rioters demolishing buildings

(a) a display of forceful violence such as to alarm at least one person of reasonable firmness and courage;

(b) at least three persons were involved

(c) that the persons had a common purpose

(d) that the execution of the common purpose had commenced;

(e) that the parties to the common purpose intended to help one another by force if necessary against any person who might oppose them in the execution of their common purpose;

(f) that the forceful violence was used in and about the common purpose;

(g) that the forceful violence resulted in the demolition or destruction of a building structure or machinery such as is described in s 206(1);

(h) alternatively to (g) that the forceful violence resulted in such injury or damage as is described in s 206(2).

Possible Defences under VIC Law – Rioters demolishing buildings

(1) Lack of common purpose
(2) Factual dispute

In VIC which court will hear the matter – Rioters demolishing buildings

County Court

 

Date: 09/01/2009