New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 93D

93D Mental element under sections 93B and 93C

(1) 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.

(2) A person is guilty of affray only if the person intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence.

(3) Subsection (1) does not affect the determination for the purposes of riot of the number of persons who use or threaten violence.