Have you been charged with Affray in Newcastle or Maitland?
Affray is a serious public order offence with significant consequences including the maximum penalty of 10 years imprisonment. Affray is committed when one or more people use or threaten unlawful violence in such a serious way that a reasonable bystander would fear for their safety.
Affray in New South Wales is defined in s 93C of the Crimes Act 1900 NSW as:
A person who users or threatens unlawful violence toward 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 is liable to imprisonment for 10 years.
- If 2 or more people use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
- For the purposes of this section, a threat cannot be made by the use of words alone.
- No person of reasonable firmness need actually be, or likely to be, present at the scene.
- Affray may be committed in private as well as in public places.
Common Examples of Affray
- Threatening violence against a co-worker.
- Fighting is a public place, pub or bar.
- Being involved in a violent public demonstration or protest.
- Road Rage incidents.
- Disorderly public behaviour, brawls, riots.
Burden of Proof and Elements to be Satisfied
Affray as a criminal offence, the burden of proof lies with the prosecution. To convict a person of affray the prosecution must prove beyond reasonable doubt that:
- That the individual used or threatened unlawful violence towards another person or property. There must be evidence of a physical act as a purely verbal threat alone cannot merit a affray charge.
- The conduct would have caused a reasonable bystander to or person of “reasonable firmness” to fear for their safety.
Defences for Affray
Possible defence for affray include:
- Duress, the accused used unlawful violence at the threat or coercion of another.
- Necessity, the accused used unlawful violence to prevent serious injury or danger.
- Self Defence, the accused used unlawful violence to protect themselves, or others.
Defending conduct, that the accused did not use or threaten violence, or a person of reasonable firmness would not have feared for their personal safety.
Conclusion
Affray is a serious criminal charge and if you have been charged or involved in an incident with similar circumstance of those described in this article, seek legal representation.
For more information and assistance contact HCN Law.
HCN LAW
Legal and Conveyancing
Ph: 02 4934 6899
Email: admin@hcnlaw.com.au
