Have you been charged with Riot?
If so, you need to engage a specialist in criminal law as soon as possible. Riot is an extremely serious offence, and a guilty finding at Court can result in up to 10 years in prison.
Can the prosecution make out their case? How many people were involved? Why had the group come together? Was there intention to use force or violence on anyone who got in the way? Was this force or violence actually used?
The answers to these questions will help you and your lawyer in deciding how you should plead to this charge.
The offence
As a common law offence, Riot is not contained in the legislation.
The prosecution must prove:
There must have been at least three persons involved in the assembly;
They must have assembled with a common purpose;
The execution of the common purpose must have taken place;
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; and
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.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Riot cases will usually be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult a specialist criminal lawyer urgently. Don’t delay preparation of your matter until the last minute. It will be critical in determining the outcome of your proceedings.
If you have been charged with Riot make an appointment to see one of our experienced lawyers today.
