What is Affray?

What is Affray?
Table of Contents

Share at:

The act of affray is where a person uses or threatens to use unlawful violence towards another person. Additionally, in NSW it is classified as a ‘public disorder’ offence, and carries penalties ranging from fines, to a 10 year imprisonment.

Some examples of Affray and Public Violence include:

  • Road rage
  • Fighting inside a bar
  • Threatening to punch another person in public
  • Participating in a violent public demonstration 

Elements of Affray

To prove the act of affray, there are no requirements that actually need a third person present at the scene. It is sufficient for the prosecution to prove that if a person had been there, they would have been afraid for their safety. The elements of include:

  • That the person committed the act;
  • That you engaged in the relevant conduct;
  • That the conduct was violent or involved the threat of violence;
  • Directed towards another person;
  • That a reasonable person in the same situation would fear for his or her safety as a result of that conduct.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Difference between affray and riot 

Affray and Riot offences are based on the principle that people should not be subjected to acts that would cause them to fear for their safety, in public.

Affray occurs when:

  • A person uses or threatens unlawful violence towards another person
  • This causes a person a of reasonable firmness 
  • possible sentence to imprisonment for 10 years

Whereas, an offence of riot occurs where:

  • 12 or more people are present together to use or threaten unlawful violence for a common purpose and 
  • their conduct as a group would cause a person present at the scene to fear for their personal safety. 
  • possible sentence to imprisonment for 15 years.

How can I defend myself against an affray charge?

Affray may be dealt with in either the local or district court, in which the punishment is dependent on the location of the hearing. Legal defences for a charge of affray include self-defence and duress.

Conclusion

To conclude, if a matter does proceed to court trial, there are many sources which you can use to defend yourself including providing character references or witnesses, participating in counselling or drug and alcohol rehabilitation programs if appropriate, and making the court aware of any mitigating circumstances that may have contributed to the alleged offence of affray. In any event, it is wise to contact a lawyer for advice if you have been charged with such an offence.

Don't know where to start?

Contact us on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Legal Documents You Need For Your Online Business in 2027

This article is a guide to all legal documents your online business needs in 2027.

How to Terminate a Contract by Mutual Consent

There are many legal ways to terminate a contract. Mutual consent is the most civilised way to terminate if absolutely necessary. Find out more here.
Home desk at night with a dark laptop and tablet beside a warm lamp

Right to Disconnect: Small Business Employer Guide

The right to disconnect now covers small businesses. Learn when staff can refuse after-hours contact and what your business must do.

When Should I Lodge a Caveat? (2026 Update)

A caveat is a legal document which notifies others of your interest in a piece of land. Find out when caveats are used in this article.

What Is A Company? (2026 Update)

Find out what a company is and whether this might be the company structure for you.

What Does Public Liability Insurance Cover? (2026 Update)

Although you may run your business safely, things can happen that are out of your control. Read about how public liability insurance can protect you here.