Affray

The maximum penalty for the charge of affray (Section 93C [1]of the Crimes Act) is ten years imprisonment.

In NSW, a court can impose any of the following penalties for an affray charge.

• Section 10: Affray proven but dismissed
• Fine
• Good behaviour bond
• Community service order (CSO)
• Suspended sentence
• Intensive correction order (previously periodic detention)
• Home detention
• Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of affray, if heard in the Local Court, is likely to be a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

District Court

If the matter is finalised in the District Court the likely penalty is a good behaviour bond with supervision under section 9 of the Crimes (Sentencing Procedure) Act for a period of 18 months.

For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 18 months. 

Which court will hear your Affray charge in NSW:

Affray is a Table 1 offence which means that either the DPP or an accused person can elect to have the matter dealt with in the District Court. If no election is made, it will be dealt with in the Local Court.

What is the law part and the short description?

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

What the police must prove:

To convict you of a affray charge, the police must prove each of the following matters beyond a reasonable doubt:

1. You used or threatened unlawful violence towards another.

They will also need to prove that you were the person who committed the affray offence.

Possible defences for Affray

Possible defences to a affray charge include but are not limited to:

• Duress
• Necessity
• Self Defence

Types of penalties:

Section 10 for an affray charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for an affray charge: When deciding the amount of a fine for a affray charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for an affray charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for an affray charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for an affray charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for an affray charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for an affray charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for an affray charge: This is the most serious penalty for the charge of affray and involves full time detention in a correctional facility. Read more.