Public Order Offences

Question 0

What are the proofs for Riot?

Bonus points - section number and imprisonment time

Answer 0

(1) The Accused was one of 12 or more people

(a) who were present together at a place (public or private) and
(b) who used or threatened unlawful violence

(2) that the conduct of these people (taken together) would cause a person of reasonable firmness to fear for their personal safety and
(3) that the accused used unlawful violence for a common purpose.

Imprisonment of 15 years.

Question 1

What Section is Riot?

Answer 1

Section 93 B of the Crimes Act

Question 2

What is the Section for Affray?

Answer 2

Section 93 C of the Crimes Act

Question 3

What are the proofs for Affray?

Bonus points - section and imprisonment

Answer 3

Section 93C -Affray

The Accused

1. Used or threatened unlawful violence towards another;
2. Either intentionally, or being aware that his conduct may be violent or threaten violence
3. As would cause a person of reasonable firmness present fear for there personal safety.
4. Person of reasonable firmness need not be there

Question 4

Explain a person of reasonable firmness

Answer 4

Person that would sit on a jury.

Question 5

Does a person of reasonable firmness be present at a riot or Affray

Answer 5

No. According to R v Taylor [1973]

Question 6

In terms if violence what needs to be present in the offence of Affray?

Answer 6

Unlawful conduct
The presence of more then just words.
Continuous actions.
Not include violence conduct towards property, but is not restricted to cause damage or injury

Question 7

In terms of place where can the offences of Affray and Riot occur?

Answer 7

Both public and private place