Public order offences are acts that interfere with the ability of people and societies to function efficiently. Public order offences are characterised by their affront to shared norms and social values. 

Types of Public Order Offences

Affray

Affray carries a maximum penalty of 10 years’ imprisonment if the matter is dealt with in the District Court. To convict an individual of affray, the prosecution must prove the following elements beyond a reasonable doubt:

• The individual threatened unlawful violence towards another individual or property
• The individual’s conduct would have caused a person of ‘reasonable firmness’ to fear for their safety

Violent Disorder

Violent disorder carries a maximum penalty of 6 months imprisonment or a fine of $1,100. To convict an individual of violent disorder, the prosecution must prove the following elements beyond a reasonable doubt:

• Three or more individuals used or threatened unlawful violence
• The threat or use of violence caused a person of reasonable firmness present at the scene to fear for their safety

Riot

Rioting carries an offence of 15 years’ imprisonment if the matter is heard in the District Court. To convict an individual of rioting, the prosecution must prove the following elements beyond a reasonable doubt:

• There were 12 or more people present together at the scene
• The group used or threatened to use violence for a common purpose
• The group’s conduct as a whole would have caused a reasonable person at the scene to fear for their safety

Consorting

Consorting occurs when criminals are associated together on a repeated basis. Consorting carries a maximum penalty of 3 years imprisonment or a fine of $16,500 or both. To convict an individual of consorting, the prosecution must prove the following elements beyond a reasonable doubt:

• The individual habitually consorted with the convicted offender(s)
• The individual consorted with the convicted offender(s) after being given an official warning about each of those convicted offenders

Defences

Defences most commonly used in public order offence cases include:

• Self-defence: Situations where you were acting to protect yourself, another person or your property.
• Duress: Where you have been intimidated or threatened into committing a public order offence against your will.
• Necessity: Where there is an overbearing factor which causes you to break the law to avoid serious consequences.