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Unlawful Assembly

Public Order Offences – VIC

Welcome to the VIC Unlawful assembly article page. Everything you need to know about Unlawful assembly according to VIC law.

What the Law States according to VIC Law for Unlawful assembly

According to VIC Law for the charge of Unlawful assembly: Common Law.

The Maximum Penalty – Unlawful assembly

According to VIC Law for the charge of Unlawful assembly, 5 years.

What the Police must prove according to VIC Law for Unlawful assembly

(a) At least three persons were involved in an assembly, assembled with a common purpose.

(b) The common purpose of the assembly involved the committing of a crime by open force or acting in a manner to endanger public peace.

(c) The accused was one of the persons assembled.

Possible Defences under VIC Law – Unlawful assembly

(a) Duress
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Identification dispute
(e) Lack of intent
(f) Mental impairment
(g) Necessity

In VIC which court will hear the matter – Unlawful assembly

Magistrates’ Court

 

Date: 09/01/2009

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