Activist Rights

Violent disorder (riot)

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Old offence: ‘riot’

‘Riot’ was a common law offence in Victoria until 2017.

Riot has been replaced by violent disorder.

 

New offence: ‘violent disorder’

Violent disorder is an offence under section 195I of the Crimes Act 1958 (Vic). Violent disorder is when:

  • 6 or more people together use, or threaten to use, violence for a common intention and
  • their behaviour causes injury to property or another person.

The 6 people do not need to simultaneously use or threaten violence to be charged and the ‘common intention’ can be judged by their behaviour.

The maximum penalty is 10 years imprisonment.

If at the time if a person was wearing a face covering to conceal their identity or to protect themselves from the effects crowd-controlling substances (e.g. capsicum spray) the maximum is 15 years jail.

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