Affray And Public Violent – NSW

In NSW, offences of affray, riot and violent disorder are considered serious and carry substantial penalties.

Affray: Under the Crimes Act 1900 in NSW, a person who uses or threatens unlawful violence towards another that would cause a person of reasonable firmness present at the scene to fear for their personal safety is guilty of affray. If convicted in the District Court, the maximum penalty for this offence is 10 years imprisonment, while if convicted in the Local Court, the maximum penalty is two years imprisonment.

Riot: Riots in NSW are a criminal offence under section 93B of the Crimes Act 1900. The maximum penalty for rioting is up to 15 years imprisonment.

Violent Disorder: Violent disorder is part of the Summary Offences Act 1998. This offence involves a group of 3 or more people who use or threaten unlawful violence that would cause a person of reasonable firmness to fear for their safety. If a person is found guilty of violent disorder, they may be liable to up to 6 months imprisonment or a $1100 fine.

It’s important to note that these charges are typically brought where there has been some form of public disturbance. The exact charges and penalties can vary depending on the specifics of each case, including the level of violence used, whether any damage was caused, and the individual’s prior criminal history.

Legal representation is strongly recommended for anyone facing these charges, as expert lawyers have the knowledge and experience to provide a robust defence and can help navigate the complexities of the legal system.