The maximum penalty for the offence of affray is 10 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Courts
Affray – section 93C(1)
The most common penalty imposed for affray under section 93C(1) of the Crimes Act is community correction order, followed by conditional release order without conviction, then fine only, then intensive correction order, then imprisonment, then conditional release order with conviction, then section 10(1)(a) dismissal, then section 10A conviction with no other penalty.
The average full term prison sentence imposed for the offence is 1 year and the average non-parole period (the minimum term in prison) is 7 months.
In the Higher Courts
Affray – committed on or after 15/12/2005 – section 93C(1)
The most common penalty imposed for affray under section 93C(1) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order, then conditional release order without conviction, then conditional release order with conviction, then section 10(1)(a) dismissal, then children’s court penalties.
The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 1 year.
Affray – committed before 15/12/2005 – section 93C(1)
The most common penalty imposed for attempts to murder by other means under section 30 of the Crimes Act is section 12 suspended sentence (repealed penalty), followed by section 9 bond, then children’s court penalties.
For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.