Violent Disorder

Violent Disorder is an offence contained in Section 11A of the Summary Offences Act 1988. It carries a maximum penalty of 6 months imprisonment and/or a fine of $1,100. The offence criminalises a group of people (3 or more) using or threatening to use unlawful violence in a manner that would cause another person to be fearful for their safety.

What is Violent Disorder?

Section 11A of the Act states that “If 3 or more persons who are present together use or threaten unlawful violence 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 or threatening unlawful violence is guilty of an offence”.

The offence does not require another person to be physical in the presence of the group, nor does it require that each group member needs to be using or threatening to use violence at the same time. In R v McGuigan and Cameron (1991) Crim LR 719, the Court held that if two offenders are convicted of this offence and following this, the third is acquitted, the conviction for the other two offenders could not stay as the offence requires there to be three or more people in the group.

Importantly, the offence can be committed both in private and public places.

‘Violence’ is defined by the Act as any violent conduct including towards property or a person and is not restricted to conduct causing or intending to cause injury or damage but includes other violent conduct.

The following acts constitute Violent Disorder:

Five attendees at a house party threat to stab another person with a knife
Ten people attended a climate change protest in the park which resulted in pushing one another and pedestrians walking past need to run across the road to avoid them

A group of three people throw eggs at oncoming vehicles from the side of the road
A group of teenagers set off illegal fireworks in the stairwell of an apartment building with the intention of causing the building damage

What must be proven?

For a person to be found guilty of Violent Disorder the prosecution must prove each of the following matters beyond a reasonable doubt:

You were present with two or more people; and
You intentionally used or threatened to use unlawful violence; and
You intended to threaten or use unlawful violence, or you were aware your conduct may amount to violence; and
The conduct of your group taken as a whole would cause a person of reasonable firmness to fear for their personal safety.

If the prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a Summary Offence, which means that it will be dealt with in the Local Court.

Possible Defences to Violent Disorder

The following defences may be available for a Violent Disorder charge:

Duress
Necessity
Self-Defence

Common Questions about Violent Disorder

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely.

In NSW, a court can impose any of the following penalties for a Violent Disorder charge:

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for violent disorder might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for a Violent Disorder charge?

While it is possible, it is unlikely. Only 3.1% of offenders sentenced for this offence in New South Wales received full time custodial sentence for this offence. The most common sentence outcome based on the current statistics is a conditional release order without conviction under Section 10 of the Crimes (Sentence Procedure) Act 1999.

Can I be charged if I did not initiate the fight?

Yes. Initiating the violence is not required and mere presence can be enough to satisfy the offence.

How is Violent Disorder different from an Affray charge?

The Police will lay a Violent Disorder charge when there is a group of three or more people whereas an Affray charge goes not require a specific number of people to be involved.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.