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Unlawful assembly
Unlawful assembly
What the Law states - Unlawful assembly
Common law.
Maximum Penalty in Victoria
5 years
What the Prosecution must prove - Unlawful assembly - Vic
(a) At least three persons were involved in an assembly, assembled with a common purpose.
(b) The common purpose of the assembly involved the committing of a crime by open force or acting in a manner to endanger public peace.
(c) The accused was one of the persons assembled.
Possible Defences - Unlawful assembly
(a) Duress.
(b) Factual dispute.
(c) Honest and reasonable mistake of belief.
(d) Identification dispute.
(e) Lack of intent.
(f) Mental impairment.
(g) Necessity.
Which court will hear the charge of Unlawful assembly
Magistrates' Court.
