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Contents (1900 - 40)
Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 16 December 2017 at 16:18)
Part 3A Division 1
Division 1 Riot and affray
93A   Definition
In this Division:
violence means any violent conduct, so that:
(a)  except for the purposes of section 93C, it includes violent conduct towards property as well as violent conduct towards persons, and
(b)  it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct (for example, throwing at or towards a person a missile of a kind capable of causing injury which does not hit or falls short).
93B   Riot
(1)  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) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot and liable to imprisonment for 15 years.
(2)  It is immaterial whether or not the 12 or more persons use or threaten unlawful violence simultaneously.
(3)  The common purpose may be inferred from conduct.
(4)  No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5)  Riot may be committed in private as well as in public places.
93C   Affray
(1)  A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray and liable to imprisonment for 10 years.
(2)  If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
(3)  For the purposes of this section, a threat cannot be made by the use of words alone.
(4)  No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5)  Affray may be committed in private as well as in public places.
93D   Mental element under sections 93B and 93C
(1)  A person is guilty of riot only if the person intends to use violence or is aware that his or her conduct may be violent.
(2)  A person is guilty of affray only if the person intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence.
(3)  Subsection (1) does not affect the determination for the purposes of riot of the number of persons who use or threaten violence.
93E   (Repealed)