Victorian Current Acts Victorian Current Acts(1) Violent disorder occurs where 6 or more persons (the participants ) who are present together use or threaten unlawful violence with a common goal or intention and the conduct of them, taken together, causes injury to another person or causes damage to property.
(2) For the purposes of subsection (1)—
(a) violent disorder may occur in private as well as public places; and
(b) it is immaterial whether or not the participants use or threaten unlawful violence simultaneously; and
(c) the common goal or intention may be inferred from the conduct of the participants.
(3) A participant in violent disorder commits an offence and is liable to—
(a) level 5 imprisonment (10 years maximum); or
(b) level 4 imprisonment (15 years maximum) if, at the time of committing the offence, the participant is wearing a face covering used primarily—
(i) to conceal the participant's identity; or
(ii) to protect the participant from the effects of a crowd-controlling substance.
(4) A person is guilty of an offence under subsection (3) only if the person intends to use or threaten violence or is reckless as to whether the person's conduct involves the use of violence or threatens violence.
(5) Subsection (4) does not affect the determination for the purposes of subsection (1) of the number of persons who are engaging in the conduct referred to in subsection (1).
S. 195J inserted by No. 35/2022 s. 4.