Hi there. In Victoria, the offence of rioting occurs when three or more people assemble and intend to assist one another, by force if necessary, in pursuit of a common unlawful purpose. Actual violence must be used to carry out this purpose, thereby causing alarm to others. If you have been charged with rioting, the prosecution will need to prove each of these elements in court.

In your defence, you may be able to argue that you lacked the requisite criminal intent or that your identity has been mistaken for someone else’s. Given that riots are often chaotic events, you may also be able to challenge the prosecution’s evidence on the basis that it is inadequate or does not prove your guilt beyond reasonable doubt.

Although ‘mob mentality’ is not a recognised defence, you may be able to raise this point if you are found guilty or plead guilty and the court is deciding on an appropriate sentence. As with all criminal offences, a court will consider the circumstances surrounding the offence, your past criminal history and your current personal circumstances when deciding on an appropriate sentence. In Victoria, rioting carries a maximum penalty of 10 years’ imprisonment.

Suggested way forward

Whether you plead guilty or not guilty to a criminal charge can have a significant impact on your sentence. You should consider speaking to a lawyer who can advise you of your options and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.