Riot And Affray Flashcards
What is a riot in accordance with Section 93B - Crimes Act 1900?
Section 93B - Crimes Act 1900
1) 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 to fear for his or her personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot and liable to imprisonment for 15 years.
2) It is immaterial whether or not the 12 or more persons use to threaten unlawful violence simultaneously.
3) The common purpose may be inferred from conduct.
4) No person of reasonable firmness need actually be, or be likely to be present at the scene.
5) Riot may be committed in private as well as in public places.
What is an affray in accordance with Section 93C - Crimes Act 1900?
Section 93C - Crimes Act 1900
1) A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray and liable to imprisonment for 10 years.
2) If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection 1).
3) For the purposes of this section, a threat cannot be made by the use of words alone.
4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
5) Affray may be committed in private as well in public places.
Where can riot occur?
Public or private place
What is needed to charge a person with riot?
It is not sufficient to say that a person in a group that threw bottles at police is guilty of the offence.
Have to be more than just there. Need to be doing something.
What is the defence to affray?
Defence for Affray (becomes one of the elements) self defence. If you have self defence you don’t have an affray.
