Affray

Affray is committed where a person uses or threatens unlawful violence and whose conduct would cause an average person present at the scene to be terrified. Affray carries a maximum penalty of 5 years imprisonment.

What is Affray

Affray is a statutory offence under section 195H of the Crimes Act 1958. Before the introduction of section 195H, Affray was a common law offence. Affray is an indictable offence which may be determined summarily (in the Magistrates Court.)

The following acts constitute Affray:

• You get  into a fight in front of one or more people in a bar
• You engage in a push and shove with someone on a busy pedestrian street
• Participated in a riot at a sporting match;

What Must Be Proven?

For a person to be found guilty of Affray the Prosecution must prove each of the following matters beyond a reasonable doubt:

• The accused used or threatened violence; and
• The accused’s conduct was intentional or reckless; and
• The accused’s conduct would cause a person or reasonable firmness present at the scene. to be terrified.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

Affray is an indictable offence that can be heard in either the Magistrates’ Court or County Court depending on the seriousness of the circumstances and the attitude of defence and Prosecution.

Possible Defences to Affray

The following defences may be available for an Affray charge:

• That they did not use or threaten to use violence.
• They, a person of reasonable firmness, would not have feared for their personal safety because of the conduct.
• That they used violence but were acting in self-defence.

Common Questions about Affray

Will I receive a criminal conviction for an Affray charge?

Yes, you can receive a conviction and criminal record for this offence, however, the circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence this. 

In VIC, a Court can impose any of the following penalties for an Affray charge.

• Jail
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Adjourned undertaking

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Affray might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to jail for an Affray charge?

Yes, you can be sentenced to a term of imprisonment for Affray, as it is a serious violent offence in Victoria and carries a maximum penalty of 5 years imprisonment. Imprisonment, however, is not the only outcome available to a Court and penalties will range from good behaviour bonds to fines, to community corrections order, with prison being a sentence of last resort. The circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence the outcome. 

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