Riot

🔴 Riot – Section 93B of the Crimes Act 1900 (NSW)

Being charged with riot in New South Wales is a serious matter. Riot is one of the most severe public order offences under the Crimes Act 1900 (NSW) and carries heavy penalties, including lengthy imprisonment. If you or someone you know has been charged with riot, understanding the elements of the offence—and how it differs from lesser charges like affray or violent disorder—can make a significant difference to the outcome.

⚖️ What Is Riot Under NSW Law?

Under Section 93B of the Crimes Act 1900 (NSW), a person can be charged with riot when:

“Twelve or more persons who are present together use or threaten unlawful violence for a common purpose, and their conduct taken together would cause a person of reasonable firmness present at the scene to fear for their personal safety.”

Importantly:

• Only one person needs to be charged for a riot to be proven—the prosecution doesn’t need to charge all 12.
• The offence can occur in public or in private.
• A “person of reasonable firmness” does not need to actually be present; it is a legal test used to assess the severity of the group’s conduct.

The group must be acting with a shared purpose, and their combined behaviour must amount to actual or threatened unlawful violence. This could include physical attacks, destruction of property, or highly aggressive threats that would frighten an ordinary person.

💥 Example of Riot

An example of riot would be:

A group of 15 people gathers to protest outside a building. The protest escalates when the group starts smashing shop windows, lighting bins on fire, and shouting threats at bystanders. The violence and damage cause panic and fear in the surrounding area—even though no one is seriously injured.

This scenario meets the legal test for riot because:

• 12 or more people are involved,
• They are acting with a common intent (protest turned violent),
• They are using and threatening unlawful violence, and
• Their collective actions would cause a reasonable person to fear for their safety.

🔒 Penalties for Riot in NSW

The offence of riot is treated seriously by the courts, and sentencing can be severe.

Maximum Penalties:

• 15 years imprisonment – if dealt with in the District Court.
• 2 years imprisonment – if heard summarily in the Local Court.

The actual penalty imposed will depend on various factors, including:

• Whether weapons were involved
• The degree of planning or spontaneity
• Whether property was damaged or people were injured
• The role you played (organiser, participant, or follower)
• Your prior criminal history

🛑 Is It Possible to Beat a Riot Charge?

Yes. Riot charges can often be challenged or downgraded to less serious offences such as affray or violent disorder, particularly where:

• The number of participants is unclear,
• Your involvement was minor,
• There was no common purpose, or
• The evidence is weak, such as poor CCTV or unreliable witnesses.

In many cases, a strong legal defence can result in charges being withdrawn, or a more lenient outcome like a community-based sentence or no conviction recorded.

📞 Charged With Riot? Speak to a Criminal Defence Lawyer Now

If you’re facing a riot charge, you need legal advice immediately. Riot is a serious criminal offence, and early legal representation can make the difference between freedom and a lengthy prison sentence.

At Criminal Lawyers Group, we have a proven track record of defending complex public order offences, negotiating favourable plea deals, and achieving acquittals in serious cases.

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