Violent Disorder

Question 1

Outline the offence

s195 I ss(1) Violent Disorder

CRIMES ACT 1958

Answer 1

Violent disorder occurs where 6 or more persons (the participants ) who are present together

• use or threaten unlawful violence with a common goal or
• intention and the conduct of them, taken together, causes injury to another person or
• causes damage to property.

Question 2

Outline specifics of subsection 1

Violent Disorder

s195 I ss(1) - CRIMES ACT 1958

I.e

• where VDO can occur
• it is immaterial ….
• what can be inferred

Answer 2

(2) For the purposes of subsection (1)—
(a) violent disorder may occur in private as well as public places; and
(b) it is immaterial whether or not the participants use or threaten unlawful violence simultaneously; and
(c) the c_ommon goal or intention_ may be inferred from the conduct of the participants.

Question 3

Outline level of punishment

s195 I ss(3) - CRIMES ACT 1958

(3) A participant in violent disorder commits an offence and is liable to—

Answer 3

(a) level 5 imprisonment (10 years maximum); or
(b) level 4 imprisonment (15 years maximum) if, at the time of committing the offence, the participant is wearing a face covering used primarily—
(i) to conceal the participant’s identity; or
(ii) to protect the participant from the effects of a crowd-controlling substance.