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Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.

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I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.

I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks

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Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.

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Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.

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Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.

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This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Affray

Affray is a charge often preferred by police and prosecutors when they believe they are unable to prove an assault. The charge is made out if a court decides that the conduct of the alleged offender was such as to leave a reasonable person in fear of his or her own safety.

An offence such as affray can result in a sentence that includes imprisonment, even where an individual has no previous convictions. It is important to get legal advice at an early stage to ascertain precisely what the consequences of a conviction may be and whether you have a defence. It is very important that you obtain legal advice before you take part in any police record of interview.

Like assault, affray carries a maximum penalty of two years’ imprisonment.

The Offence Of Affray

Section 35A of the Crimes Act 1900 (ACT) states:

“A person commits an offence if:

the person engages in conduct; and
the conduct is violence or the threat of violence; and
the violence or threat is directed towards someone else; and
the violence or threat would be likely to cause a reasonable person to fear for his or her safety.

Maximum penalty: imprisonment for 2 years.

For subsection (1) (b), the violence, or the threat of violence, must involve more than words.”

According to Section 13 of the Criminal Code 2002 (ACT), “engage in conduct” means to do an act or to omit to do an act.

What Actions Might Constitute Affray?

Common examples of Affray include:

getting into a fight in front of one or more people;
yelling and threatening to punch someone;
road rage; or
participating in a riot.

It is important to remember that there may be consequences other than the penalty imposed by the court. A criminal conviction is serious and can have far-reaching consequences, particularly on what you do for a living. A criminal history can prevent you from working with children, in a hospital, in a bank, at a casino or as a security guard. Potential employers are also more likely to employ a person without any convictions over someone who has even a minor criminal conviction. A criminal conviction can also make it difficult to obtain visas for overseas travel.

However, depending on the circumstances of each case, it is sometimes possible to negotiate with the prosecution with a view to an affray charge (maximum penalty two years’ jail) being replaced with a charge of Fighting In a Public Place, which carries no jail term and a maximum penalty of a fine of $1000.

What The Police Must Prove

To find a person guilty of affray, the police must prove each element of the offence beyond a reasonable doubt:

that the accused committed that act;
that they engaged in the relevant conduct;
that the conduct was violent or involved the threat of violence;
that it was 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.

Possible Defences For Affray

A person charged with affray can argue in their defence that:

they did not use or threaten to use violence;
that a person of reasonable firmness would not have feared for their personal safety because of the accused’s conduct.

Which Court Will Hear Your Matter?

As affray carries a maximum penalty of two years, it is a summary matter, meaning it will be determined in the ACT Magistrates Court. The situation in NSW, where affray carries a 10-year maximum penalty, is different. You should advise your lawyer exactly about where and with what you have been charged.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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Sydney NSW 2000

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Melbourne VIC 3000

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Nishi, 2 Phillip Law Street
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