Its Friday night, you’re out on the town. Everyone is having a great time when you find yourself in a brawl. The police are called, and you’re taken away in the back of a police vehicle to be charged with Affray.
Affray is an unfortunate but common scene particularly with our youth.
What is Affray?
An Affray is a fight between two or more people in a public place that causes terror or disturbance to others.
Affray is defined as a fight between two or more persons in any public place or a disturbance of peace. It is an offence under s93C of the Crimes Act 1900 (NSW) (“the Act”).
(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.
What Are the Maximum Penalties For Affray?
The maximum penalty for affray in NSW is 10 years imprisonment in the District Court or 2 years in the Local Court.
Examples of Affray
Following are some common examples of Affray:
- Fighting in public like at a club or carpark
- Threatening to punch another person in public
- Road rage
When you are arrested by the police you will be cautioned of your right to silence and will be asked if you would like to participate in an interview. You should contact Orr Legal before agreeing to participate in an interview.
Will I have to go to Court?
Yes, you will need to attend Court and have your matter heard.
We invite you to speak to Orr Legal about your options so that you can make an informed decision about how to proceed with your case.
We suggest that as soon as you are charged with any criminal offence you contact Nichole Orr.