Affray | Riot | Violent Disorder | Public Order Offences

Public Order Offences such as affray, riot and public disorder carry lengthy maximum prison sentences (see below).

It is therefore vital to get advice and representation from Accredited Criminal Lawyers experienced in dealing with in 'public order' cases.

Sydney Criminal Lawyers has successfully represented clients charged with 'public order offences' for many years.

We frequently succeed in having 'affray', 'violent disorder' and 'riot' charges withdrawn at a very early stage.

We do this by carefully examining the evidence and writing to police (or DPP) outlining the problems in their case, including any possible defences such as self-defence, duress and necessity.

We jealously protects our clients' rights, especially when the evidence does not support the charges.

If the matter proceeds to a hearing, we will fight for the dismissal of the charges so that you can get on with your life.

We have been able to secure acquittals in many extremely difficult cases; including charges arising from the 'Cronulla Riots' and, more recently, the altercation between members of Biker Associations at Sydney Airport.

The charge of 'Affray' initially came into effect to protect against disturbances that significantly endangered public safety; eg the 1984 Milperra Bikie Massacre.

However, police are increasingly using it to cover a wide range of fights, both public and private. They do this because the definition of affray is very broad.

To be found guilty of affray, a person must have used or threatened unlawful violence towards another person, and the conduct must have be such that a 'person of reasonable firmness' present at the scene would have feared for his or her safety.

Curiously, no-one actually needs to be present for an affray to occur. Significantly, there are several defences to affray including self-defence, duress and necessity.

The charge of 'violent disorder' is where 3 or more persons together use or threaten unlawful violence and their conduct (taken together) would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.

The offence is similar to affray in that:

(1) it can occur in a public or private place, and

(2) another person/s need not actually be present.

However, it is different in that:

(1) it requires the presence of 3 or more persons together,

(2) each of those persons must, at some stage, have used or threatened violence,

(3) a defendant must have known that his / her actions might be violent; so, for example, a spontaneous, unintended outburst may not be enough, and

(4) the violence can be directed towards property (eg smashing a phone), not just a person.

Another significant difference is the maximum penalty; which is $1,100.00 and/or 6 months imprisonment (rather than 10 years for affray).

The criminal offence of 'riot' is 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) would cause a person of reasonable firmness present at the scene to fear for his or her personal safety.

Perhaps the best example is the Cronulla Riots, where large groups of persons threatened violence towards other groups. The offence is similar to affray in that:

(1) it can occur in a public or private place; so, it can happen at a private hall or meeting-place, and

(2) another person/s need not actually be present.

However, it is different in that the group must have a 'common purpose'; so, in the case of the Cronulla Riots, the perceived common purpose was to address a particular ethnic group's alleged prior conduct at Cronulla Beach.

It is an especially serious crimes, punishable by a maximum penalty of 15 years imprisonment.