Affray was originally a common law offence. In recent years Parliament introduced it to the Criminal Law Consolidation Act 1935 (CLCA). In part it was introduced to fill a gap between the less serious offence of Disorderly behaviour and to prosecute when no victim of an assault would co-operate. It was aimed at bikie violence but like many other sections has been used more widely.
A person guilty of Affray is liable to imprisonment of 3 years for a basic offence and 5 years for an aggravated offence.
Affray is committed if a person intentionally uses or threatens unlawful violence toward another and the conduct is such that it would cause a person of reasonable firmness present at the scene to fear for their safety.
No reasonable person has to be present at the scene and if two or more offenders are present then their conduct is taken together.
If you are charged with Affray please call our friendly team at Woods & Co Lawyers to assist you.