Understanding The Offence of ‘Riot’ in NSW

on August 18, 2025

Riot is a serious public order offence in New South Wales (NSW) that involves group violence or disturbance, often leading to charges in large-scale altercations or protests that escalate. This offence can result in substantial penalties, including imprisonment and a criminal record, affecting employment, travel, and reputation. Understanding riot is crucial for anyone involved in or witnessing such incidents, as it highlights the importance of legal representation to navigate the legal system effectively. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against riot and related charges. As leading Sydney criminal Defence lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.

In this article, we explore everything you need to know about the offence of riot in NSW, including its legal definition, penalties, defences, and how a lawyer can help mitigate or dismiss charges. Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is the Offence of ‘Riot’ in NSW?

The offence of riot is defined under section 93B of the Crimes Act 1900 (NSW) as the use of unlawful violence by a group of 12 or more persons for a common purpose, where the conduct would cause a person of reasonable firmness present at the scene to fear for their personal safety. Riot is distinct from affray (section 93C), which involves fewer people and less severe violence. The law aims to maintain public order and prevent group disturbances that could lead to widespread harm or chaos.

To secure a conviction for riot, the prosecution must prove beyond a reasonable doubt:

  1. Group of 12 or More: The defendant was part of a group of at least 12 people acting together.
  2. Unlawful Violence: The group used or threatened violence unlawfully (e.g., throwing objects, fighting, or damaging property).
  3. Common Purpose: The violence was for a shared goal, such as protesting or confronting rivals.
  4. Public Fear: The conduct would cause a hypothetical person of reasonable firmness at the scene to fear for their safety.
  5. Participation: The defendant actively participated or encouraged the violence.

Riot cases are typically prosecuted as indictable offences in the District Court, though they may start with a committal hearing in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown). The offence can involve planned or spontaneous actions and is often charged in public disturbances.

Examples of Riot

  • Protest Escalations: A demonstration turning violent with a group of 12 or more throwing projectiles at police or property.
  • Gang or Group Fights: Rival groups clashing in a public park, causing bystanders to fear for safety.
  • Sporting Event Riots: Fans storming a field or fighting in stands after a game.
  • Street Brawls: A large group engaging in violence during a festival or event.
  • Public Disorder Incidents: Looting or vandalism during a riot, causing widespread fear.

These examples illustrate how riot differs from individual assaults, focusing on group dynamics and public impact.

Related Offences

Riot is often charged alongside or instead of related offences under the Crimes Act 1900:

  • Affray (section 93C): Similar but involving fewer people, with up to 10 years imprisonment.
  • Violent Disorder (section 93A): Involving three or more people using violence, with up to 10 years imprisonment.
  • Common Assault (section 61): Individual assault without injury, with up to 2 years imprisonment.
  • Public Mischief (section 93Z): Making false reports leading to riots, with up to 12 months imprisonment.
  • Property Damage (section 195): Damaging property during a riot, with up to 5 years imprisonment.

Penalties for Riot in NSW

The penalties for riot are severe, reflecting the offence’s potential to cause public harm and disorder. Under section 93B of the Crimes Act 1900, the penalties are:

  • Maximum Penalty: Up to 15 years’ imprisonment.
  • Standard Non-Parole Period: 9 years, as per section 54A, Crimes (Sentencing Procedure) Act 1999, serving as a sentencing guide in the District Court.
  • District Court: As an indictable offence, the full 15-year penalty applies, often with a non-parole period for custodial sentences.
  • Local Court: Riot is rarely dealt with summarily, but if so, up to 2 years imprisonment and/or a $5,500 fine under section 268 of the Criminal Procedure Act 1986.
  • Non-Conviction Outcomes: In exceptional cases (e.g., minimal involvement or first-time offenders), courts may impose a section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.
  • Fines: Up to $5,500 in the Local Court or higher in the District Court, with potential civil fines for damages.

Additional Consequences

A conviction for riot can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record can hinder job prospects, particularly in roles requiring background checks (e.g., security, education, or government).
  • Travel: Countries like the USA and Canada may deny entry for public disorder convictions.
  • Reputation: A conviction can damage personal and professional relationships, especially if the incident was public or media-reported.
  • Apprehended Violence Orders (AVOs): An Apprehended Personal Violence Order (APVO) may be imposed, restricting contact with involved parties.
  • Civil Liability: Victims or property owners may seek compensation for losses through civil proceedings.

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

  • Aggravating Factors: Causing actual harm, premeditation, or committing the offence in a public place.
  • Mitigating Factors: First-time offender, genuine remorse, cooperation with police, or minimal involvement.

How a Sydney Criminal Lawyer Fights a Riot Charge

A Sydney criminal defence lawyer employs a range of strategies to defend against a riot charge, from challenging the prosecution’s evidence to negotiating outcomes. Below are the key approaches used by Nicopoulos Sabbagh Lawyers:

1. Analysing the Prosecution’s Evidence

The prosecution must prove group violence and public fear. A lawyer will scrutinise:

  • CCTV Footage: Review footage to confirm the number of participants or lack of violence.
  • Witness Statements: Cross-examine bystanders to expose inconsistencies or confirm no reasonable fear was caused.
  • Police Reports: Identify procedural errors, such as failure to provide a caution (section 122, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).
  • Group Size: Challenge whether there were 12 or more active participants.

2. Challenging the Public Fear Element

A lawyer can argue:

  • The conduct did not cause reasonable fear (e.g., a verbal dispute without violence).
  • No public was present, or the fear was not reasonable given the context.

3. Raising Legal Defences

Several defences can be raised:

  • Self-Defence: You acted to protect yourself or others from unlawful harm (section 418, Crimes Act 1900).
  • Lack of Unlawful Violence: The conduct was not violent or threatening (e.g., a peaceful protest).
  • No Participation: You were a bystander, not an active participant.
  • Duress: You were coerced into the act under threat of harm.
  • Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Unlawful Police Conduct: Evidence obtained through an illegal arrest or search (section 99 or 21, LEPRA) can be excluded under section 138, Evidence Act 1995.

4. Negotiating Plea Deals

A lawyer can negotiate with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP) to:

  • Reduce Charges: Downgrade riot to affray (section 93C) or violent disorder (section 93A).
  • Amend Facts: Negotiate with Police to Amend the police fact sheet to remove aggravating factors, like alleged leadership or harm caused.
  • Dismiss Related Charges: Secure withdrawal of additional charges, such as property damage (section 195).

A guilty plea negotiated early can secure a sentencing discount of up to 25% under section 22 of the Crimes (Sentencing Procedure) Act 1999.

5. Securing Favourable Outcomes

A lawyer can advocate for any of the following outcomes:

  • Section 10(1)(a) Dismissal: No conviction, fine, or penalty.
  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of imprisonment.
  • Mental Health Diversion: Treatment under section 14 for offenders with mental health issues.

6. Presenting Mitigating Factors

A lawyer can present mitigating factors to reduce penalties:

  • Character References: Letters from employers, family, or community members highlighting your good character.
  • Remorse: Evidence of apologies, cooperation with police, or restitution for damages.
  • Rehabilitation: Completion of anger management or counselling programs to demonstrate reform.
  • Hardship: Proof that a conviction would impact employment or family responsibilities.

7. Appealing a Conviction

If convicted, a lawyer can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001 if:

  • The sentence is unduly harsh (e.g., excessive imprisonment).
  • New evidence supports your innocence (e.g., footage showing minimal involvement).
  • Procedural errors occurred during the trial.

A lawyer can also assist with a spent conviction under the Criminal Records Act 1991 after a crime-free period (10 years for adults, 3 years for juveniles).

The Court Process for a Riot Charge

The court process typically involves:

  1. Investigation:
    1. Police collect evidence, such as CCTV footage, witness statements, or police reports.
  2. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest you under section 99 of LEPRA or issue a CAN for a Local Court appearance.
  3. Bail Application:
    1. A lawyer applies for bail under the Bail Act 2013, arguing you pose no risk.
  4. Trial or Plea:
    1. If pleading not guilty, a trial examines evidence to determine guilt.
    1. If pleading guilty, a sentencing hearing follows.
  5. Sentencing:
    1. Penalties range from section 10 dismissals to imprisonment, based on section 21A factors.
  6. Appeals:
    1. Appeal to the District Court or Court of Criminal Appeal if the outcome is unfair.

Steps to Take When Facing a Riot Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect CCTV footage, witness statements, or photos to support your defence.
    1. Provide character references or proof of rehabilitation.
  4. Prepare for court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  5. Show Remorse:
    1. Consider apologetic gestures or completing rehabilitation programs to demonstrate reform.
  6. Appeal if Necessary:
    1. If convicted, appeal to the District Court or apply for a spent conviction.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for riot, criminal, and traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Crimes Act 1900, Crimes (Sentencing Procedure) Act 1999, and Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Proven Results: Securing section 10 dismissals, CROs, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let a riot charge derail your future. Our Sydney criminal lawyers, and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

Riot is a serious public order offence in NSW, carrying penalties of up to 15 years imprisonment and significant life consequences. A Sydney criminal defence lawyer can defend against this charge by challenging evidence, disputing public fear, raising defences like self-defence or lack of participation, and securing non-conviction outcomes like section 10 dismissals or CROs. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and freedom are safeguarded. Whether facing a riot charge in a protest or group incident, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your riot charge and achieve the best possible result in NSW courts.

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It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 18th August 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship

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