The offence of Affray arises where you use or threaten to use unlawful violence towards another person. These acts of violence or threats of violence must be serious enough to cause an ordinary person to fear for their personal safety.
Penalties
- Maximum 10 years imprisonment when your matter is dealt with in the District Court and,
- 2 years imprisonment when your matter remains within the Local Court
The prosecution must prove beyond reasonable doubt, before you can be found guilty that you:
- You used or threatened unlawful violence towards another person and,
- Your 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
If the prosecution cannot establish the elements of the offence you must be found not guilty.
The prosecution does not need establish a person of reasonable firmness was actually present at the scene
Affray may be committed in private as well as in public places.
Defences to Affray
- Self-Defence,
- Duress, and
- Necessity.
Court options
If you believe you have defence and decide to plead not guilty in court for Affray charges we recommended that you first speak to our criminal defence lawyer before you enter a plea.
You have the option to plead guilty, which requires proper preparation before the court date.
Our criminal defence team is here to support you while you go to court. We understand that being charged with Affray can be a stressful and tough experience.
We offer a free first consultation to discuss your legal options.
