Violent disorder is a summary offence created by legislation. Section 11A of the Summary Offences Act 1988 (NSW) sets out the offence of violent disorder. The charge of violent disorder requires proof that:
- the accused was amongst three or more persons; and
- the group used or threatened unlawful violence; and
- the conduct of the group, taken together, would cause a person of reasonable firmness present at the scene to fear for his or her personal safety; and
- the accused actually used or threatened unlawful violence; and
- the accused intended to, or was aware that, their conduct may be violent or threatening.
Violence is defined to include violent conduct towards property or persons, and 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).
As a summary offence, violent disorder is dealt with in the Local Court. The maximum penalty is 10 penalty units or imprisonment for six months.
As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.