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

A Guide to Directors’ Duties in Australia: The 6 Duties You Need to Know (2026 Update)

Understand your core directors’ duties in Australia. These are not optional - they are essential legal obligations. Ensure compliance with our full guide.

Competition Permits in Australia: A State-by-State Breakdown

Do you know when competition permits are required in Australia? Read this article to find out when they’re required in every state.

Can I Sue For Lost Opportunity?

Yes, you can. However, the lost opportunity must arise from a contractual breach, misleading and deceptive conduct or negligence. See more.

Can I Run Different Businesses Under the Same Business Name?

Have you got different business ideas that you want to run under the same business name? Read on to find out if you can, and what you need to keep in mind.

A Guide on Joint Ventures for Australian Businesses

Considering a joint venture? Learn about types, advantages, setup processes, and key considerations for successful business collaborations in Australia.

How to Set Up a Family Trust (2026 Update)

Complete guide on setting up a family trust in Australia. Covers the step-by-step process, choosing a trustee, tax rules, benefits for asset protection, and costs.