An affray charge is a serious public order offence under section 93C of the Crimes Act 1900 (NSW). It occurs when a person uses or threatens unlawful violence toward another, and their conduct would cause a reasonable person present at the scene to fear for their safety.
Unlike common assault, affray does not require proof that a specific person was actually harmed or even directly threatened. The focus is on the nature of the behaviour and whether it was severe enough to disturb public peace. For example, a violent fight in a public place, or aggressive conduct involving weapons, may amount to affray if it creates fear among bystanders.
The offence can be committed by one individual or a group. Importantly, the prosecution must prove that the conduct went beyond mere argument or minor scuffle — it must involve actual or threatened violence of a level that would alarm a hypothetical reasonable person.
Affray is treated seriously by the courts due to its impact on public safety and order. It carries a maximum penalty of 10 years’ imprisonment when dealt with on indictment in a higher court. In less severe cases, it may be finalised in the Local Court, where penalties can still include imprisonment, intensive correction orders, or community-based sentences.
Legal advice is critical if you are charged with affray. Defences may be available depending on the circumstances, including self-defence or disputing that the conduct reached the legal threshold of affray.
Given the significant penalties and long-term consequences, early representation by an experienced criminal defence lawyer can make a substantial difference to the outcome.
Our team has exceptional and proven track record with these type of charges. Contact us today to discuss further.
