Criminal Law

Affray

𝐏𝐄𝐍𝐀𝐋𝐓𝐘 𝐅𝐎𝐑 𝐀𝐅𝐅𝐑𝐀𝐘 𝐂𝐀𝐍 𝐁𝐄 𝐒𝐄𝐕𝐄𝐑𝐄

Often when a fight breaks out with multiple participants, the police may charge participants with affray. 

Compared to a commonassault charge, the penalties for affray can be severe - up to 10 years jail in the District Court and 2 years jail in the Local Court. 

CRIMES ACT 1900 - SECT 93C Affray

CRIMES ACT 1900 - SECT 93C

Affray

93C AFFRAY

(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 personal safety is guilty of affray and liable to imprisonment for 10 years.

(2) If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).

(3) For the purposes of this section, a threat cannot be made by the use of words alone.

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



(5) Affray may be committed in private as well as in public places.

Accordingly, careful preparation is essential. 

I had a case involving a fight outside a pub in Orange. The nature of the fight was on CCTV and was pretty confronting. The case was prepared for hearing but eventually as all the evidence revealed itself a plea of guilty was entered. The client was given a good behaviour bond and a community service order. This was a good result when the nature of the facts and potential penalties could have been so much worse.