Have you been charged with an offence involving a Riot?
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What does it mean to be charged with a Riot offence?
A riot offence is a serious indictable offence that exists solely under common law, not codified in Victorian legislation except as referenced in penalties under Section 320 of the Crimes Act 1958 (“CA”).
What is a Riot?
A riot occurs when three or more people assemble for a common purpose intending to use force or violence against anyone opposing their aim, creating alarm for a reasonable person of firmness and courage.
Related Offences:
The related statutory offence is “drunkard behaving in a riotous or disorderly manner” under Section 16 of the Summary Offences Act 1966.
Potential Charges:
Involvement in a riot can lead to multiple assault charges, such as:
- Unlawful assault
- Assault in company
- Assault with a weapon
- Intentionally or recklessly causing injury
- Conduct endangering life or person
Police Interviews:
If charged, an individual will typically face a formal police interview recorded for evidence. Legal representation is crucial at this stage to navigate potential questions and advise on rights.
Considerations Before Pleading
Factors to consider include:
- Clarity of the prosecution’s particulars of the charge
- Strength of the evidence against you
- Your involvement in the assembly and intent to use violence
- Possible defences and mitigating circumstances
What must the prosecution prove?
To establish a riot charge, the prosecution must prove:
- Involvement of at least three individuals
- A shared common purpose
- Execution of the purpose involving force or violence
- The resulting alarm caused to a reasonable person
Where will my case be heard?
Riot offences are generally handled summarily in the Magistrates Court of Victoria but may escalate to the County Court for more severe charges.
Factors and defences to consider:
Defences may include:
- Lack of intent to riot or engage in violence.
- Intoxication impacting intent.
- Automatism where you involuntarily react.
- Self-defence, where you acted to protect your self or another.
- Duress, you acted under pressure from another person.
- Were you mistaken and not actually involved?
- or do you have an alibi?
Penalties for riot offences:
If found guilty, potential penalties include:
The offence of Riot carries a maximum penalty of Level 5 imprisonment, which means a potential sentence of up to 10 years.
Sentencing Considerations:
Factors influencing sentencing include:
- Nature of the offending
- Prior criminal history
- Role in the offence
- Use of weapons or involvement of drugs/alcohol
- Impact on the victim
Recent Case Example from MK Law:
A recent case involved a young defendant charged with engaging in riotous behaviour and assault after a fight outside a hotel. Due to inconsistencies in witness accounts and CCTV footage, the defence aimed for a not guilty plea or a diversion.
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What happens next?
Once you have been charged with Riot, it is essential to take immediate action. The first step is to consult a specialist criminal lawyer with experience in handling such cases. Engaging a lawyer is crucial, as they will guide you through the complexities of your situation, explain your rights, and help you understand the charges against you. Your lawyer will conduct a thorough review of the facts, evidence, and circumstances surrounding your case, which will aid in identifying potential defences and determining the best strategy. They will work with you to gather evidence that supports your case, including witness statements and relevant documentation, while also scrutinising the prosecution’s evidence to find weaknesses or inconsistencies.
Based on the evidence and legal advice, you will need to decide whether to plead guilty, not guilty, or consider other options, such as a plea bargain. If you choose to plead guilty, your lawyer can negotiate for a reduced sentence or alternative sentencing options. If your case goes to trial, your lawyer will prepare you for court proceedings, including understanding the trial process, practicing your testimony, and anticipating questions from the prosecution. They will also develop opening and closing statements and cross-examination strategies for witnesses. In the event of a guilty plea or conviction, your lawyer will work to mitigate your sentence by presenting any relevant factors, such as personal circumstances or expressions of remorse.
Throughout this process, it is vital to stay informed and engaged with your lawyer, as regular communication ensures that you understand your options and the potential outcomes. Your future is too important to leave to chance, so don’t delay in preparing your case. Make an appointment to see one of our experienced lawyers today. Early legal intervention can be critical in determining the outcome of your proceedings, and we are here to provide the support and expertise you need to navigate this challenging situation. Call 1800 130 120.
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