Affray Offences

What Is Affray?

Affray is a public order offence that involves using or threatening unlawful violence that causes a person of reasonable firmness to fear for their safety. Unlike common assault, affray does not require a specific victim. It’s often charged after fights in public places, group violence, or street disturbances.

You can be charged with affray even if no one was physically harmed, as long as your actions were violent or threatening enough to alarm the public.

How Are Affray Charges Laid?

Affray charges typically arise from:

• Street brawls or group fights

• Violence at pubs, nightclubs, or sporting events

• Threats or intimidation in public areas

• Violence recorded and shared online

Police investigate using CCTV, witness statements, and social media content. Once sufficient evidence is gathered, the accused may be arrested or issued a Court Attendance Notice (CAN), especially in cases involving alcohol, drugs, or gang activity.

The Court Process

Affray charges are considered indictable offences in most states, meaning they can be dealt with in the Local/Magistrates’ Court or escalated to the District/County Court, depending on the severity. The process includes:

1. Initial appearance (bail decision)

2. Case management or committal proceedings

3. Guilty plea or trial

4. Sentencing

Penalties may range from fines to prison, depending on intent, level of violence, whether weapons were involved, and prior convictions.

Available Defences

Defences to affray may include:

• Self-defence

• Defence of another person

• Lack of intent or threat

• Duress

• Misidentification

• Lack of public fear (e.g., private setting)

A skilled criminal lawyer can help determine which defence may apply based on your specific case and evidence.