If you have threatened unlawful violence towards another person, and this threat would cause a person of reasonable firmness to fear for their safety then you may be charged with Affray. An example of this is road rage.

Section 93C of the Crimes Act 1900 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.

In order to be found guilty of Affray the prosecution must prove beyond reasonable doubt that you:

• Threatened or used unlawful violence towards another person
• Conducted yourself in such a way would that caused a person of reasonable firmness to fear for their safety.

If any of these elements cannot be proven beyond reasonable doubt, then you will be found not guilty.

What are my options?

You may choose to plead guilty or not guilty.

Pleading Guilty

If you accept and agree with the affray charge, then you agree with what the police have alleged. An early plea of guilty entitles you to a 25% discount on sentence.
It is definitely worth getting in touch with one of our experienced lawyers at the earliest so they can try their best to negotiate the police facts of the charge and the charge itself.
It is common for experienced lawyers to try and negotiate the facts that the judge will read when sentencing you. The facts the judge reads will give the judge an understanding of what sentence you should receive.
Our experienced lawyers work hard to try and negotiate the facts or try to have the charge negotiated to a different and less serious charge. Speak to one of our experienced team today.
The penalty for Affray carries a maximum penalty of 2 years imprisonment in the Local Court and 10 years imprisonment in the District Court.

Pleading Not Guilty

If you disagree with the affray charge, then it is best you enter a plea of not guilty. Defences that can be used are:

· Duress- Your actions taken need to be reasonable in that your conduct was to avoid serious death or injury. This includes being threatened or coerced in to using unlawful violence against another person/s.

· Necessity- Where it was vital to use unlawful violence to prevent serious injury, danger or death.

· Self Defence: Where it was crucial that you use unlawful violence to protect yourself, another person or property.

The burden of proof is on the prosecution to prove beyond a reasonable doubt that you threatened or used unlawful violence towards another person, your conduct would have caused a reasonable person who was present to fear for their safety. If the prosecution fails to prove these elements, then you will be found not guilty.