South Australian Current Acts South Australian Current Acts (1) Where 12 or more
persons who are present together use or threaten unlawful violence for a
common purpose and the conduct of them (taken together) is such as would cause
a person of reasonable firmness present at the scene to fear for his or her
personal safety, each of the persons using unlawful violence for the common
purpose is guilty of riot.
Maximum penalty:
(a) for
a basic offence—imprisonment for 7 years;
(b) for
an aggravated offence—imprisonment for 10 years.
(2) It is immaterial
whether or not the 12 or more persons use or threaten unlawful violence
simultaneously.
(3) The common purpose
may be inferred from conduct.
(4) No person of
reasonable firmness need actually be, or be likely to be, present at the
scene.
(5) Riot may be
committed in private as well as in public places.
(6) A person is guilty
of riot only if the person intends to use violence or is aware that his or her
conduct may be violent.
(7)
Subsection (6) does not affect the determination for the purposes of
subsection (1) of the number of persons who use or threaten violence.
(8) If at a trial of a
person for riot the jury is not satisfied that the accused is guilty of the
offence charged but is satisfied that the accused is guilty of the offence
constituted by section 6A of the Summary Offences Act 1953 (violent
disorder), the jury may bring in a verdict that the accused is guilty of that
offence.