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

7 Things Directors Should Consider In Tough Times (2026 Update)

Running a business often isn't easy. Here's some things Directors should keep in mind when things aren't going as well as planned.

5 Legal Requirements When Starting a Sports Club (2026 Update)

When starting a sports club, there are some legal issues you need to consider. Find out the legal requirements for setting up a sports club here.

What is a Shareholders Agreement? (2026 Update)

Learn why a Shareholders Agreement is an essential document in any new company and how it can manage potential risks and disputes.

What is a Gift Deed? (2026 Update)

Planning on transferring property to someone as a gift or for no cost? You may want a gift deed. Read on to find out how gift deeds work.

How to Create a Business Sale Agreement (2026 Update)

Want to sell or purchase a business? Find out how to create a Business Sale Agreement and all the key terms you should include here.

Do You need an ABN to Sell on Facebook? (2026 Update)

Looking to sell your products or second-hand items on Facebook? Find out whether you need an ABN to sell on Facebook here.