Have you been charged with Unlawful Assembly?
If so, you will require the services of a law firm that specialises in criminal law.
Unlawful assembly is a serious charge. On a guilty plea, it carries a maximum penalty of 5 years in prison. Before advising a Court of how you intend to plead, the following questions should be considered with an experienced lawyer:
- Does the Prosecution have a case?
- How many people were involved?
- Why had you come together?
- Were your actions endangering public peace?
- Did you use force?
The offence
As a common law offence, Unlawful Assembly is not contained in the legislation.
The prosecution must prove:
there were at least three persons involved in an assembly;
they assembled with a common purpose; and
they committed a crime by open force or acting in a manner to endanger public peace.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Unlawful Assembly cases can only 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?
Obtain the services of an experienced criminal lawyer urgently. Make sure that you don’t leave your preparation to the last minute. Thorough planning is critical in obtaining a favourable outcome.
If you have been charged with Unlawful Assembly, call us today and talk to one of our specialist criminal lawyers.
The legislation
Section 320 of the Crimes Act 1958 refers to the maximum penalty for Unlawful Assembly, but the charge itself is not continued within the legislation.
