Affray is an offence under section 93C of the Crimes Act.
Affray is defined as the unlawful use of violence (or threat of violence) towards another person, in circumstances where that conduct would cause a person of reasonable firmness present at the scene to fear for their personal safety. However, the threat cannot be made by words alone.
A person of reasonable firmness doesn’t actually need to be present; it will be sufficient if the prosecution can prove that a person of reasonable firmness would have feared for their safety had they been present.
The main difference between assault and affray is when other people fear for their safety.
This could include:
If you have been charged with affray it is vital that you seek legal advice. An experienced criminal lawyer will be able to advise you on how to plead and whether there are defences available, such as duress or self-defence.
Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.