The criminal offence of Affray is when a person or persons uses or threatens unlawful violence towards another person or persons.
Which causes the other person or persons of what the law deems “reasonable firmness” to fear for his or her personal safety.
For instance, the below behaviour can be considered affray:
Section 93(C) of the Crimes Act 1900 (NSW) states that:
“A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray and liable to imprisonment for 10 years”.
Also, no person of reasonable firmness needs actually be, or be likely to be, present at the scene and Affray may be committed in private or public places.
The maximum penalty for affray is a prison sentence of up to 2 years (if heard in the Local Court) or up to 10 years (If heard in the District Court).
The above penalties are reserved for the worse cases of offending.
In NSW, a court can impose any of the following penalties for a Firearm/Weapons charge of:
Some of the defences available for affray are:
Since Affray is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must be able to prove beyond a reasonable doubt that:
Our client was involved in an altercation in the private carpark at her place of residence. There were four (4) other people involved, all who lived at the complex. Police were called and our client was charged with Affray along with another two (2) people. We were able to successfully represent to police that our client was acting in Self-defence after viewing the CCTV footage from different angles. After consideration of our representations police agreed and withdraw all the charges against our client.
For using a carriage service to menace, harass or cause offence, Rep-Revive Criminal & Employment Lawyers® offers the following options:
1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal & Employment Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal & Employment Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal & Employment Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:
At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years.
If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.