Riot

Riot is considered a very serious criminal offence in New South Wales and carries harsh penalties, including the possibility of imprisonment. Being convicted of riot can have long-lasting consequences, not only in terms of criminal punishment but also for your employment, travel, and future opportunities.

Under the law, a riot involves a group of 12 or more people using or threatening unlawful violence for a common purpose, in a way that would cause a person of reasonable firmness present at the scene to fear for their safety. These cases are treated with the utmost seriousness by the courts and require skilled legal representation.

At Lamont Law, our highly experienced criminal defence lawyers regularly defend clients charged with riot and related offences across NSW. We have a proven track record of achieving excellent results, from negotiating with prosecutors to securing acquittals and reduced penalties. Our team knows how to examine the evidence, challenge witness accounts, and raise possible defences such as mistaken identity, lack of intent, or insufficient evidence of group violence.

Riot Charges in NSW

Under section 93B(1) of the Crimes Act 1900 (NSW), a person commits the offence of riot where:

“Twelve or more persons present together use or threaten unlawful violence for a common purpose, and their conduct (taken together) would cause a person of reasonable firmness present at the scene to fear for their safety.”

Each person using unlawful violence for that common purpose can be guilty of riot and face a maximum penalty of 15 years’ imprisonment.

Elements the Prosecution Must Prove

To convict someone of riot, the prosecution must prove beyond reasonable doubt that:

1. Presence of 12 or more people – The defendant was one of 12 or more persons who used or threatened unlawful violence for a common purpose.

   • The phrase “present together” does not mean the defendant must be standing immediately next to the others. Courts (e.g. Parhizkar v R [2014] NSWCCA) have held it is enough if the defendant was in proximity and able to assist or contribute to the group violence.

2. Conduct creating fear – The conduct was such that it would cause a person of reasonable firmness to fear for their safety.

   • It does not matter if anyone was actually present (s 93B(4)).

   • Violence may occur in public or private places (s 93B(5)).

   • The unlawful violence need not be simultaneous and may involve dispersed acts (s 93B(2)).

3. Intention – The defendant intended to use unlawful violence, or at least was aware their conduct could contribute to violence (s 93D(1); R v Saleh Khodr [2007]; Cotterill v R [2015]).

Riot vs Affray

Both riot and affray involve unlawful violence that causes a person of reasonable firmness to fear for their safety.

• Affray requires two or more people and carries a lower maximum penalty (s 93C).

• Riot requires 12 or more people and proof of a common purpose to engage in unlawful violence.