Being charged with affray can be a distressing experience, however understanding what the law says is important if you want to get the best outcome in your case.
Section 93C of the Crimes Act says that it is an offence to take part in an affray.
An affray is where you use or threaten to use unlawful violence towards another. The violent conduct must also be seen to cause an ordinary person to fear for their safety.
‘Unlawful violence’ means illegal and harmful conduct. It can include damage caused to property, injuries suffered by people, and any conduct that has the potential to cause damage or injury, such as throwing objects at other people. However, words alone won’t be enough to constitute ‘unlawful violence.’
If there are two or more people involved in the affray, the court will consider their conduct as a whole when determining whether ‘unlawful violence’ has been committed.
However, the law also says that you can only be charged with affray where you deliberately used violence, or where you were aware that your conduct could be violent.
This means that if you can prove that your actions were accidental, or that they were not supposed to result in violence, you may be found ‘not guilty.’
An affray can be committed in a public or a private place, which means that you can be charged with this offence even if you are on private property, such as a bar or nightclub.
If you’re worried about how an affray charge could affect you, it’s best to get in touch with an experienced criminal lawyer.