Northern Territory Consolidated Acts

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SUMMARY OFFENCES ACT 1923 - SECT 47AA

Violent disorder

    (1)     A person is guilty of an offence if:

        (a)     the person is one of 2 or more people engaging in conduct that involves a violent act; and

        (b)     the conduct would result in anyone who is in the vicinity and of reasonable firmness fearing for his or her safety; and

        (c)     the person:

            (i)     intends or knows that the conduct involves a violent act and would have the result mentioned in paragraph (b); or

            (ii)     is reckless as to whether the conduct involves a violent act and would have that result.

Maximum penalty:     Imprisonment for 12 months.

    (2)     To avoid doubt:

        (a)     to establish the offence, it is unnecessary to prove that each of the 2 or more people individually engaged in conduct that involves a violent act and would have the result mentioned in subsection (1)(b); and

        (b)     no person of reasonable firmness need actually be, or be likely to be, present in the vicinity for the offence to be committed; and

        (c)     the offence may be committed in private or public places; and

        (d)     subsection (1)(c) does not affect the determination of the number of people mentioned in subsection (1)(a).

    (3)     The offence is an offence to which Part IIAA of the Criminal Code applies.

Note for subsection (3)

Part IIAA of the Criminal Code states the general principles of criminal responsibility (including burdens of proof and general defences) and defines terms used for offences, for example, "conduct", "intention" and "recklessness".

    (4)     In this section:

"conduct that involves a violent act" includes:

        (a)     conduct capable of causing injury to a person or damage to property (whether or not it actually causes such injury or damage); and

        (b)     a threat to engage in such conduct.



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