Statutes Amendment (Public Order Offences) Act 2008 (SA)

South Australia

Statutes Amendment (Public Order Offences) Act 2008

An Act to amend the Criminal Law Consolidation Act 1935 and the Summary Offences Act 1953.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Public Order Offences) Act 2008.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Criminal Law Consolidation Act 1935

4—Amendment of section 5AA—Aggravated offences

Section 5AA(1)(h)—before "the offender" insert:

except in the case of an offence against Part 3A,

5—Insertion of Part 3A

After Part 3 insert:

Part 3A—Offences relating to public order

83A—Interpretation

In this Part—

violence means any violent conduct, so that—

1. (a)

   except for the purposes of section 83C, it includes violent conduct towards property as well as violent conduct towards persons; and

2. (b)

   it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct.

   Example—

   Throwing at, or towards, a person a missile of a kind capable of causing injury which does not hit, or falls short of, the person.

83B—Riot

1. (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:

1. (a)

   for a basic offence—imprisonment for 7 years;

2. (b)

   for an aggravated offence—imprisonment for 10 years.

1. (2)

   It is immaterial whether or not the 12 or more persons use or threaten unlawful violence simultaneously.

2. (3)

   The common purpose may be inferred from conduct.

3. (4)

   No person of reasonable firmness need actually be, or be likely to be, present at the scene.

4. (5)

   Riot may be committed in private as well as in public places.

5. (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.

6. (7)

   Subsection (6) does not affect the determination for the purposes of subsection (1) of the number of persons who use or threaten violence.

7. (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.

83C—Affray

1. (1)

   A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her…