Riot, affray, common assault, and violent disorder are separate criminal offences under the Crimes Act 1900 (NSW). They vary by severity, number of participants, required conduct, and penalties.
Understanding the difference between riot, affray, common assault, and violent disorder is crucial because it is often possible to have more serious charges downgraded to less serious charges in a plea deal. For example, a plea deal can reduce a riot charge to an affray or have an affray reduced to a common assault or violent disorder offence.
A good plea deal is often the difference between a sentence of imprisonment and a community-based order or having no conviction recorded.
Here’s a clear breakdown of the differences:
Riot – Section 93B of the Crimes Act 1900 (NSW)
The offence of riot carries a maximum penalty of 15 years imprisonment in the District Court and 2 years in the Local Court.
The legal definition of a riot is when 12 or more people use or threaten unlawful violence together with a common purpose, and their conduct would cause a person of reasonable firmness to fear for their safety.
No person of reasonable firmness need actually be, or be likely to be, present at the scene. A “person of reasonable firmness” is a person who is neither particularly tough, fearless, timid, nor easily scared.
The offence can be committed in public or in private.
An example of the offence of riot is when a group of 20 people storms a building and damages property as part of a protest.
Affray – Section 93C of the Crimes Act 1900 (NSW)
The offence of affray carries a maximum penalty of 10 years imprisonment in the District Court and 2 years in the Local Court.
A person commits affray if they use or threaten unlawful violence towards another, and their conduct would cause a person of reasonable firmness to fear for their safety.
An affray offence can be committed where you are the only person engaging in unlawful violence, but it can involve more than one participant. If there is more than one person, then the unlawful violence of all persons will be considered to determine whether an affray has been proven beyond reasonable doubt. However, there is no need to prove a common purpose among the participants in the affray.
No person of reasonable firmness need be, or be likely to be, present at the scene. A “person of reasonable firmness” is a person who is neither particularly tough, fearless, timid, nor easily scared.
The offence can be committed in public or in private.
An example of an affray would be a fight in the street involving five people, especially where it is hard to identify who did what in the fight.
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Common Assault – Section 61 of the Crimes Act 1900 (NSW)
The offence of common assault carries a maximum penalty of 2 years imprisonment in the District Court and 2 years in the Local Court.
A common assault is committed when a person intentionally or recklessly causes another to fear immediate and unlawful violence, or actually applies unlawful physical force, without consent. It can include a physical assault, as well as a threat.
A common assault must involve a victim, and the victim must be touched, or apprehend immediate and unlawful violence.
An example of a common assault is where someone punches another person, without their consent, and no injury is occasioned.
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Violent Disorder – Section 11A of the Summary Offences Act 1988 (NSW)
The offence of violent disorder carries a maximum penalty of 6 months imprisonment and/or $1100 in the Local Court. It cannot be dealt with in the District Court.
A person commits the offence of violent disorder where three or more persons use or threaten unlawful violence together, and their conduct together would cause a person of reasonable firmness to fear for their safety.
The offence can be committed in public or in private, and no person of reasonable firmness need be, or be likely to be, present at the scene.
A “person of reasonable firmness” is neither particularly tough, fearless, timid, nor easily scared.
An example of violent disorder is a street fight involving three people.
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Below is a summary table of the four offences.
Summary Table:
| Offence | Group Involvement? | Violence Required? | Threats Count? | Max Penalty |
|---|---|---|---|---|
| Affray | Can be committed in a group or alone | Yes | Yes | 10 years
|
| Violent Disorder | Yes (3+ people) | Yes | Yes | 6 months |
| Riot | Yes (12 or more people) | Yes | Yes | 15 years |
| Common Assault | No. | Yes | Yes | 2 years |
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