Victorian Numbered Acts

CRIMES LEGISLATION AMENDMENT (PUBLIC ORDER) ACT 2017 (NO. 32 OF 2017) - SECT 8

After Division 2B of Part I of the Crimes Act 1958 insert —

" Division 2C—Offences against public order

        195G     Abolition of certain common law offences against public order

The offences at common law of affray, rout and riot are abolished.

        195H     Affray

    (1)     A person who uses or threatens unlawful violence and whose conduct would cause a person of reasonable firmness present at the scene to be terrified commits an offence and is liable to—

        (a)     level 6 imprisonment (5 years maximum); or

        (b)     imprisonment for 7 years if, at the time of committing the offence, the person is wearing a face covering used primarily—

              (i)     to conceal the person's identity; or

              (ii)     to protect the person from the effects of a crowd-controlling substance.

Example of unlawful violence

Engaging in unlawful fighting with another person.

    (2)     A person is guilty of an offence under subsection (1) only if the person intends to use or threaten violence or is reckless as to whether the person's conduct involves the use of violence or threatens violence.

    (3)     For the purposes of subsection (1), a threat of unlawful violence must involve more than words alone.

    (4)     An offence under subsection (1) may be committed—

        (a)     in private as well as public places; and

        (b)     whether or not a person of reasonable firmness is present at the scene.

    (5)     For the purpose of subsection (1), if 2 or more persons use or threaten unlawful violence—

        (a)     it is the conduct of them taken together that must be considered; and

        (b)     it is immaterial whether or not those persons use or threaten unlawful violence simultaneously.

        195I     Violent disorder

    (1)     Violent disorder occurs where 6 or more persons (the participants ) who are present together use or threaten unlawful violence with a common goal or intention and the conduct of them, taken together, causes injury to another person or causes damage to property.

    (2)     For the purposes of subsection (1)—

        (a)     violent disorder may occur in private as well as public places; and

        (b)     it is immaterial whether or not the participants use or threaten unlawful violence simultaneously; and

        (c)     the common goal or intention may be inferred from the conduct of the participants.

    (3)     A participant in violent disorder commits an offence and is liable to—

        (a)     level 5 imprisonment (10 years maximum); or

        (b)     level 4 imprisonment (15 years maximum) if, at the time of committing the offence, the participant is wearing a face covering used primarily—

              (i)     to conceal the participant's identity; or

              (ii)     to protect the participant from the effects of a crowd-controlling substance.

    (4)     A person is guilty of an offence under subsection (3) only if the person intends to use or threaten violence or is reckless as to whether the person's conduct involves the use of violence or threatens violence.

    (5)     Subsection (4) does not affect the determination for the purposes of subsection (1) of the number of persons who are engaging in the conduct referred to in subsection (1).".

Division 2—Consequential amendments