What’s the maximum penalty for a Riot charge in Melbourne? How serious is the offence and which Court hears the charge?
There is a maximum penalty of a 10-year prison term for anyone found guilty of a Riot charge.
Riot is a serious offence that involves a wide range of behaviour and may carry a prison term. People charged with this offence may have been participating in a civil protest that went out of control and, thus, a Riot eventually occurred; or they may have simply been involved in a wild fight at a bar or a club. Riot is a common law offence heard before a Judge in the County Court.
Pleading guilty or not guilty to Riot in a Melbourne Court
Pleading guilty or not guilty to a Riot charge has serious consequences that you need to carefully evaluate. The first step that you should take is to consult with a criminal defence solicitor who can guide you through the necessary court procedures. You should always ask for professional legal advice to minimize all risks of losing a Riot case.
Elements of the charge of a Riot case in a Melbourne Court
It is important for the Prosecution to prove several elements of a Riot offence in order for defendants to get convicted. First, there should have been 3 or more people involved in and present during the alleged Riot. These people should have a common purpose which they executed or started to execute. They should have had the intent to help one another by force, if necessary, against anyone who opposed them. The defendants should have also used force or violence in such a manner so as to terrify at least one person of reasonable firmness.
Defending the charge of Riot in a Melbourne Court
Defending a Riot charge typically is based on factual disputes. Details of Riot cases are normally complex and it can be very hard to prove who really was accountable. Wrongful identifications occur in many cases. Defence lawyers also use a lack of intent to combat Riot allegations.
You may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here) for more information.
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on July 31, 2012 and relates to the law that it stands at this time.