Public Order Offences

Question 1

What are the elements of the offence of Riot

Answer 1

Section 93B - Riot
- Where 12 or more persons who are present together
- Use or threaten unlawful violence
- For a common purpose
- And the conduct of them taken together
- Is such as would cause a person of reasonable firmness present at the scene
(person does not have to be actually present)
- To fear for his or her safety
(Imprisonment 15 years)

Question 2

What are the elements of the offence of Affray?

Answer 2

Section 93C - Affray
- A person who uses or threatens unlawful violence towards another (not property)
- And whose conduct is such, as would cause a person of reasonable firmness present at the scene
(person does not have to be actually present)
- To fear for his or her safety