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Affray

Affray is an offence under Section 93C of the Crimes Act 1900 which carries a maximum of 10 years in prison in the district court or 2 years if the case remains in the local court.

To establish the offence, the prosecution must prove beyond a reasonable doubt:

  1. That you threatened unlawful violence towards another person, and
  2. That your conduct would cause a reasonable person present at the scene to fear for their safety.

You must be found not guilty if the prosecution cannot establish both of those ‘elements’.

The prosecution does not need to establish that another person was actually present at the scene of the conduct.

The offence can relate to both public and private places.

It cannot be established by the use of words alone.

The defences to Affray include:

  1. Self-Defence
  2. Duress, and
  3. Necessity

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