Criminal Code Act 1924  SECT 75

75. Rioting

Any person who takes part in a riot is guilty of a crime.

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

(a) the accused is correctly identified as the offender

(b) that three or more people were present

(c) that these people had a common purpose

(d) that they executed, or started the execution, of this purpose

(e) an intent to help one another by force if necessary against anone who opposed them

(f) that they used force or violence in such a manner as to terrify at least one person of reasonable firmnes

(a) Factual dispute

(b) Lack of intent

(c) Identification dispute

Supreme Court