When 3 or more persons together have used or threatened to use unlawful violence and have been acting with conduct (taken as a group) that could cause another present at the scene to fear for his/her own personal safety they may be arrested and charged with the public order offence of Violent Disorder under section 11A of the Summary Offences Act 1988.
A violent disorder charge is considered as a serious offence by the court and can carry 6 months imprisonment or 10 penalty points. Of the possible defences that maybe used the most probable are Duress, Self Defence or Necessity. However if a court in NSW finds you guilty then any of the following penalties are likely to be imposed:
- Your violent disorder offence will be proven but dismissed (section 10)
- You will receive a fine
- You will receive a Good Behaviour Bond
- You will receive a suspended sentence
- You will be sentenced to a Community Service Order or CSO
For more serious circumstances you can expect any of the following:
- You will be sentenced to an Intensive Correction Order (previously known as periodic detention)
- You will be sentenced to Home Detention
- You will receive a custodial (prison) sentence
Will I be convicted of a Violent Disorder charge?
The police have to prove beyond reasonable doubt that you were one of the three or more persons present also whilst present together you did use or threaten to use unlawful violence on another. They must also prove that you were acting with a conduct (taken together) that would cause another person firmly present to fear for his or her personal safety.
Which court will I appear in for a charge of Violent Disorder?
Violent Disorder is a summary offence and therefore will be dealt with in the Local Court.
