News · Criminal law explainer
Riot in NSW.
A brawl that spreads, a crowd that turns, a group that surges at police: these can move a public-order matter from a minor charge to one of the most serious offences in the group. Riot, under section 93B of the Crimes Act 1900 (NSW), carries a maximum of 15 years. This note explains what the prosecution must prove, how riot differs from affray, and how these cases are run.
By Aaron Kernaghan · Published 3 September 2026
What is riot?
Riot is defined in section 93B. It is committed where twelve or more persons who are present together use or threaten unlawful violence for a common purpose, and their conduct taken together would cause a person of reasonable firmness present at the scene to fear for their personal safety.
Each person who uses unlawful violence for the common purpose is guilty of riot. The common purpose can be inferred from the conduct of the group. No person of reasonable firmness need actually be present; the test is what such a person would fear.
How is riot different from affray?
The difference is scale and structure. Affray under section 93C needs only one person using or threatening unlawful violence towards another, in a way that would cause a bystander of reasonable firmness to fear for their safety. Riot needs twelve or more people acting together for a common purpose.
The penalties reflect that difference. Affray carries a maximum of 10 years. Riot carries 15. The numbers, the common purpose, and the collective effect are what lift the conduct into the more serious offence.
What does common purpose mean?
The twelve or more people must share a common purpose in using or threatening violence. The purpose does not have to be planned in advance or announced. It can be formed on the spot and proved by what the group does.
This is often the contested issue. A person present in a crowd is not guilty of riot merely by being there. The prosecution has to prove that the individual used unlawful violence and shared the common purpose of the group.
What are the penalties?
Riot under section 93B carries a maximum of 15 years imprisonment. It is a serious indictable offence dealt with on indictment. Because a riot charge captures collective conduct, a single incident can produce charges against many people at once.
Related public-order and violence offences often accompany a riot charge, including affray, group assaults, and property offences such as destroying or damaging property. The way the incident is charged shapes the whole case.
How is a riot charge defended?
The defences focus on the elements. Was the accused one of twelve or more people acting together? Did the accused use or threaten unlawful violence, or were they simply present? Did they share the common purpose? Identification is frequently in issue, because these events are chaotic and often captured only in part on video or body-worn footage.
Self-defence can apply to an individual who used force to protect themselves or another. The quality of the evidence, the footage, and the reliability of identification tend to decide these cases. Early advice is important where a person has been arrested in a large group.
Frequently asked.
How many people are needed for a riot in NSW?
Twelve or more. Section 93B requires twelve or more persons present together using or threatening unlawful violence for a common purpose. With fewer people the appropriate charge is usually affray.
What is the maximum penalty for riot?
Fifteen years imprisonment under section 93B of the Crimes Act 1900 (NSW). It is a serious indictable offence.
What is the difference between riot and affray?
Affray under section 93C needs only one person using or threatening unlawful violence and carries a maximum of 10 years. Riot needs twelve or more people acting for a common purpose and carries 15 years.
Can I be guilty of riot just for being in the crowd?
No. Presence alone is not enough. The prosecution must prove that the individual used unlawful violence and shared the common purpose of the group.
Does someone have to be frightened for it to be a riot?
No. The test is objective. The conduct of the group, taken together, must be such as would cause a person of reasonable firmness present at the scene to fear for their safety. No such person need actually be there.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
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