7.4.21.2 - Checklist: Common law riot

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[This checklist is based on intentional riot. If recklessness is in issue it will need to be amended as necessary.]

Five elements that the prosecution must prove beyond reasonable doubt:

  1. The accused was one of three or more people who were assembled; and
  2. At least three of these people, including the accused, had a common purpose; and
  3. The people who had the common purpose, including the accused, embarked on executing that common purpose; and
  4. The people who had the common purpose intended to help each other by force if necessary and the accused also intended to provide such help; and
  5. The group used such violence to alarm at least one person of reasonable firmness and courage.

    Assembly of people

1. Was the accused one of three or more people who were assembled?

If Yes, then go to 2.1

If No, then the accused is not guilty of riot

Common purpose

2.1 Did at least three of those people have a common purpose?

If Yes, then go to 2.2

If No, then the accused is not guilty of riot

2.2 Did the accused have that same common purpose?

If Yes, then go to 3

If No, then the accused is not guilty of riot

Execution of common purpose

3. Did the people who had the common purpose, including the accused, embark on executing that common purpose?

If Yes then go to 4.1

If No, then the accused is not guilty of riot

Intention

4.1. Did the people who had the common purpose intend to help each other, by force if necessary, against any person who may oppose the group in the execution of its common purpose?

If Yes, go to 4.2

If No, then the accused is not guilty of riot

4.2 Did the accused also intend to provide such help?

If Yes, go to 5

If No, then the accused is not guilty of riot

Use of violence

5. Did the people with the common purpose use such violence to alarm at least one person of reasonable firmness and courage?

If Yes, then the accused is guilty of riot (as long as you have answered yes to Questions 1, 2, 3 and 4)

If No, then the accused is not guilty of riot

Last updated: 1 July 2017

See Also

7.4.21 – Common law riot

7.4.21.1 – Charge: Common law riot