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

- Client

Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.

- Client

I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.

- Client

Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!

- Client

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.

- Client

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.

- Client

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.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

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 which attracts a maximum penalty of 1 year imprisonment, unless the person who is convicted is a member of a criminal organisation in which case the maximum penalty rises to 7 years imprisonment with a component of mandatory custody.

Affray is a misdemeanour offence, but it can still result in sentences of imprisonment if the circumstances are grave enough. Often, though, alternative sentences are imposed.

Affray differs from assault in that a person can commit the offence even if the other people involved in the melee are willing participants. Often, affray might be committed even if the fight was a semi-organised event.

The Offence Of Affray

Section 72(1) of the Criminal Code Act 1899 creates the offence and reads:

“Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanour”.

The key ingredient in affray is the effect a fight has, or would reasonably be expected to have, on the general public in a place. It does not ultimately matter if the fight is organised or if it is impromptu or whether the fight is between groups or two individuals. It is not even necessary that physical violence be used in the fight.

Affray is often a back-up, or alternative, charge to more serious offences such as riot or homicide. This means that, sometimes, people are acquitted in court of a more serious offence but convicted of affray.

What Actions Might Constitute Affray?

Affray might be committed where a person is part of a physical confrontation in a public place which causes fear or alarm to people in that place.

Examples include:

An all-in brawl between rival supporters at a sporting event held in a public stadium;
Rival school groups meeting by arrangement in a public location to fight one another;
A fight between two patrons in a pub, which causes fear to other patrons.

Will I Get A Criminal Conviction For Affray?

It is likely that a criminal conviction will be recorded against your name if you are found guilty of affray, though this is not inevitable. If you have been charged with affray, it is important that you obtain legal advice and/or representation at an early stage in order to maximise your opportunity to avoid a criminal conviction.

What The Police Must Prove

To convict you of affray, the prosecution must prove beyond a reasonable doubt that:

you took part in a fight or used force with another;
the fight or use of force occurred in a public place;
a member of the public was present;
the fight or use of force could reasonably cause the public to be frightened or intimidated.

Which Court Will Hear Your Matter?

Affray will normally be heard in the Magistrates Court but it is not unusual for it to be determined by a higher court, even the Supreme Court, if a person is convicted of it as an alternative to a more serious offence.

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

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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